Loading...
HomeMy WebLinkAbout2024-04-16; City Council; Resolution 2024-075RESOLUTION NO. 2024-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR THE EL CAMINO REAL WIDENING FROM SUNNY CREEK ROAD TO JACKSPAB DRIVE PROJECT AND ACCEPTING THE GRANT DEEDS AND THE TEMPORARY CONSTRUCTION EASEMENTS WITH THE OWNERS OF ASSESSOR PARCEL NOS. 209-060-48, 209-060-58 AND 209-090-11 FOR THE PROJECT WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary, desirable and in the public interest to widen El Camino Real from Sunny Creek Road to Jackspar Drive, Capital Improvement Program, or CIP, Project No. 6094, or Project; and WHEREAS, pursuant to Government Code Section 37350, the city has the power to purchase real property for the com moo. benefit; and WHEREAS, in keeping with the city's General Plan Mobility Element and Growth Management Plan, the Project will widen the northbound segment of El Camino Real from Sunny Creek Road to Jackspar Drive and restripe the northbound segment to add a third vehicular through lane; and WHEREAS, on Nov. 15, 2022, the City Council adopted Resolution No. 2022-260, authorizing the Project Manager, Brandon Miles; Real Estate Manager, Curtis Jackson; and consultant Dokken Engineering to negotiate with the property owners of Assessor Parcel Nos., or APN, 209-060-48, 209- 060-58 and 209-090-11, or their agents, for acquisition of real property and a temporary construction easement for the widening of El Camino Real from Sunny Creek Road to Jackspar Drive; and WHEREAS, the city and the property owners have agreed to a fair market value for the sale of land to the city via two grant deeds in fee simple and a temporary construction easement for all three APN's, 209-060-48, 209-060-58 and 209-090-11, consistent with the appraisals, in the amount of approximately $197,000; and WHEREAS, sufficient funding from TransNet funds is available in the Project account to cover the fair market value and fees; and WHEREAS, the property owner of APN 209-060-58 requested an Agreement of Purchase and Sale to be executed along with the Grant Deed and Temporary Construction Easement; and WHEREAS, staff recommend that the City Council accept the two grant deeds and the three temporary construction easements with the property owners of APN 209-060-48, 209-060-58 and 209-090-11 for the Project; and WHEREAS, pursuant to Government Code Section 27281 deeds or grants that convey an interest in real property to a government agency may not be accepted for recordation without the consent of the City Council; and WHEREAS, the City Council of the City of Carlsbad, California, has determined it to be in the public interest to make these property acquisitions and dedicate a portion of El Camino Real for street and public utility purposes; and WHEREAS, the plans, specifications, and contract documents for the Project have been prepared, are on file at the City Clerk's office and are incorporated herein by reference; and WHEREAS, Carlsbad Municipal Code Section 3.28.080(E) requires the City Council to approve plans and specifications for all construction projects that are to be formally bid upon when the value exceeds $200,000; and WHEREAS, the cost_ of the Project is estimated to be $3,008,063, which does not include a construction contingency or construction management and inspection costs; and WHEREAS, sufficient funding from TransNet local funds is available in the Project account to complete the Project; and WHEREAS, in accordance with the California Environmental Quality Act, or CEQA, and the CEQA Guidelines, on Oct. 19, 2022, the City Planner determined that the road widening project qualified for an exemption pursuant to CEQA Guidelines Section 15303(d) -New Construction or Conversion of Small Structures. A notice of intended decision regarding the environmental determination for this project was advertised and posted on the city's website. No comment letters or appeals were received and, consistent with Carlsbad Municipal Code Chapter 21.54 -Procedures, Hearings, Notices, and Fees, the City Planner's written decision is final. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Grant Deed and the Temporary Construction Easement with the property owners of APN 209-060-48 for the Project, attached hereto as Attachment A, are accepted, and approved. 3. That the Grant Deed and the Temporary Construction Easement with the property owners of APN 209-060-58 for the Project, attached as Attachment B, are accepted and approved, and the Agreement of Purchase and Sale attached hereto as Attachment D is approved. 4. That the Temporary Construction Easement with the property owners of APN 209-090- 11 for the Project, attached hereto as Attachment C, is accepted and approved .. 5. That the property owners hereby dedicate the following described real property for public street purposes: 1,557 square feet of APN 209-060-48 and 844 square feet of APN 209-060-58. 6. That the City Clerk of the City of Carlsbad is hereby authorized and directed to· forward a certified copy of this Resolution for recording to the County of San Diego Recorder's Office. 7. That the plans, specifications and contract documents for El Camino Real Widening from Sunny Creek Road to Jackspar Drive, CIP Project No: 6094, are hereby approved.· . . 8. That the City Clerk is authorized and directed to publish in accordance with stqte law, a Notice to Contractors Inviting Bids for construction of the El Camino Real Widerring from Sunny Creek Road to Jackspar Drive, CIP Project No. 6094, in accordance with the plans, specifications and contract documents referred to herein. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of April, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) Exhibit A 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 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: --=2=0:....:9_-0c....6:....:0;....-4-'-8'------ 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: _C_I_P_6_0_94 _____ _ Related Project ID: DWG No. 529-1 Related Project ID: ________ _ Project Name: El Camino Real Widening from Sunny Creek Rd to Jackspar Dr. GRANT DEED FOR GOOD AND VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, The Kelly Family Trust, Karen R. Kelly and Robert P. Di Figlia, Co-Trustees ("Granters"}, the owners of real property described herein located in the City of Carlsbad, San Diego County, California ("Property"} hereby grant to the City of Carlsbad, a municipal corporation ("Grantee"), and its successor and assigns, that real property situated in the City of Carlsbad, County of San Diego, State of California, as described by the legal description attached Exhibit "A" and as depicted in Exhibit "B". (SIGNATURES ON FOLLOWING PAGE) In witness whereof, grantors have caused this Grant Deed to be executed as of ( () J / 6 I , 2023. -----'---L--=-+, -- GRANTORS: THE KELLY FAMILY TRUST, KAREN R. KELLY AND ROBERT P. DI IGLIA, CO-TRUSTEES (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) By: MUST BE ATTACHED.) /.....:!.~~::!....:::,:;_;..__JL,L.!......::....=.....--=-...a..------- • _{§ign Here) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE <J./ ///) l ) '(-SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR en I'\ . T\C.. CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY ~ (Print Name Here A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS ,,,,,--r.,_,,, -.;;f-,, THAT IS SIGNED BY THE SECRETARY OR ASSISTANT _j_j_] l °!)t,,/_V SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL W,,4 SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN By: [;&~~. Title______e)re) 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 r -n ,::::-n r.--, 7' I C , ,_(...I A EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS l"-00""14,,-_Ll Ir-I O '" WITH RESPECT THERETO. (Print Name Here) r-r-tLo ~ .,-~ (Title) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: ___________ _ Deputy City Attorney 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 COUNTY OF ry_n Ote_~?; ACKNOWLEDGEMENT On l t) ~0 ()Oo--':) , h ::uY:::-i wfuu1-, Notary Public, personally appeared --...Jt.==.:......i....L..1...----1:~~l_-l..~----------· who proved to me on the basis of satisfactory evidence to be the person(s hose 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 ~{T D~ f * & 0 & 0 • • ft e ft e ft ~ 3E7nANY TORBERT f < 4~~, -~otary Publk • California ~ \~.-San Diego County f ~ Commission:/ 2355816 - •••• My Comm. Ex~lresAor 28, 2025 (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other otticer completing this cert1f1cate verifies on ly the identity of the 1nd1v1dual who signed the document to which this certificate is attached. and not the truthfulness. accuracy, or validity of that document. State of Cali fornia County of o'¼w\.E' ) ) On ca::!o~ \I, t""t.~"L "\ Date before me . -~z;~~~b~_-_l~~--... l~----e-~------ Here Insert Name and Title of th e Officer personally appeared -~~~~IQ:~'4-~--~_H_t-_.Ll_-A ___________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th~erson...(.Qr whose nam~@'are subscribed to the within instrument and acknowledged to me that~she/they executed the same in @her/their authorized capacity(,ie!s). and that by@'her/their signature.4@1 on the instrument the perso~). or the entity upon behalf of which the person~cted, executed the instrument. C ft JOHN ALAN TACKMAN O ' COMM. #2426991 z Notary Public • California ~ Orange County ... M Comm. Ex ires Nov. 17, 2026 Place Notary Seal Above 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 --~--A~\...-\1----~-------- S1gnature of Notary Public ----------------OPTIONAL----------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ~ ~ /~""' Document Date: e::t;r .. SQ.. •'-, 'Z.42 Number of Pages: ~-'\%', Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: _____________ _ Corporate Officer -Title(s): ______ _ Corporate Officer -Title(s): ______ _ Partner -Limited General Partner -Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: _______________ _ Other: Signer Is Representing: _________ _ Signer Is Representing: _________ _ ;(_,'<:,(,'C<., '<.X,'<:.<., 'C(,'C(._,'{.X.,'C(,'C(,'C<,'C(, 'C(, 'C(,'C(, '{;(; • . •<:, 'C<.,'C<,".:,(, '<..<;' • <. '<J.;<:,<.,-<-.<.'C/v'<./v'C(, 'Ov'C<., 'C(,'C<., "..:.(,'<:.<., 'C(, <:<., '<.)<,'<..X,'C<,'C(,'C<.,'iJ 'C(_, '{_(, '<_;<°V '<..:.(,~ @20 15 National Notary Association • www.NationalN otary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" RIGHT-OF-WAY ACQUISITION APN 209-060-48 THAT PORTION OF LOT "B" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1896 INCLUDED WITHIN QUITCLAIM DEED TO KAREN R. KELLY AND ROBERT P. DI FIGLIA, CO-TRUSTEES OF THE SURVIVOR'S TRUST CREATED UNDER THE KELLY FAMILY TRUST DATED OCTOBER 27, 1982, AS AMENDED AND RESTATED IN ITS ENTIRETY ON NOVEMBER 23, 2005, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISC STAMPED "LS 6215" SHOWN AS POINT NO. 105 ACCORDING TO RECORD OF SURVEY MAP NO. 17271 FILED IN THE OFFICE OF THE COUNTY RECORDER ON FEBRUARY 8, 2002 WHICH BEARS NORTH 68°14'31" WEST 7549.60 FEET FROM A BRASS DISC STAMPED "LS 6215" SHOWN AS POINT NO. 108 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 66°25'58" EAST 3994.51 FEET TO THE INTERSECTION OF THE EASTERLY LINE OF LAND PER SAID DEED WITH A LINE THAT IS 63.00 FEET NORTHEASTERLY OF, AND PARALLEL TO, THE CENTERLINE OF ROAD SURVEY 1800-1, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID EASTERLY LINE SOUTH 13°33'45" WEST 19.69 FEET TO THE SOUTHEAST CORNER OF LAND PER SAID DEED; 2. THENCE ALONG THE SOUTHWESTERLY LINE OF LAND PER SAID DEED NORTH 52°31 '09" WEST 40.02 FEET TO AN ANGLE POINT THEREIN; 3. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 34°35'42" WEST 9.09 FEET TO AN ANGLE POINT THEREIN; 4. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 43°36'53" WEST 50.04 FEET TO AN ANGLE POINT THEREIN; 5. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 44°45'35" WEST 50.01 FEET TO AN ANGLE POINT THEREIN; 6. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 45°54'20" WEST 6.12 FEET TO SAID LINE THAT IS 63.00 FEET NORTHEASTERLY OF, AND PARALLEL TO, THE CENTERLINE OF ROAD SURVEY 1800-1; 7. THENCE LEAVING SAID SOUTHWESTERLY LINE ALONG SAID PARALLEL LINE SOUTH 52°31'09" EAST 145.76 FEET TO THE TRUE POINT OF BEGINNING. AREA= 1,557 SQUARE FEET, MORE OR LESS (BASED ON GROUND DISTANCES). SEE EXHIBIT "B" ATTACHED AND BY REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, NAD83, EPOCH 1991.35. DIVIDE DISTANCES SHOWN BY 0.99996244 TO OBTAIN GROUND DISTANCES. PAGE 1 OF 2 EXHIBIT "A" RIGHT-OF-WAY ACQUISITION APN 209-060-4 8 7-19-2022 PAGE 2 OF 2 EXHIBIT "B" f------ 0 150 300 600 ---AT POINT #105 PER ROS 17271 CONVERGENCE ANGLE= -00'34'32.469" COMB. SCALE FACTOR= 0.99996244 -----NGVD 29 ELEV= 45.41' i:!: RANCHO AGUA HEDIONDA MAP 823 POR. LOT "B" e::: ~ APN 209-060-48 o LAND PER DD1 ~ EE SHEE ~ ~J9 \ "----.; ~66 (/) "' " "" u ,f, " U 'Y 66 "->~," P.O.B. .J, .. "- PT 105 PER Is, "- ROS 11211 b-1. >s,r; N 1999466.124 ~$ ~~o4- E 6241021.960 ._,,.,~~{) "-~e,~~ >s,t;-..........;:i..,..; ~$ . c9, LEGEND 11 I I I 11 RIGHT-OF-WAY ACQUISITION ...... ......... .i.... .1... . ....,_. AREA = 1,557 SQ. FT., MORE OR LESS ~// ~ TEMPORARY ACCESS EASEMENT L_t::: _ _/L_L_.L// __ _L_ /£J__J AREA = 8,540 SQ. FT., MORE OR LESS P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING &, CONTROL POINT PER ROS 17271 E1 SEE EASEMENT LEGEND ON .. SHEET 2 G'..f>a ~4't) ~. CAR LSBA D TRAC T NO. 83-36 UNIT NO. 1 MAP 11 242 LOT 11 PT 108 PER ROS 17271 N 1999466.124 E 6241021.960 QD1 QUITCLAIM DEED TO THE KELLY FAMILY TRUST DATED 10/27/1982 AND RESTATED 11/23/2005 REC. 5/03/2021 AS DOC. NO. 2021-0337847 O.R. SHEET 1 OF 2 SHEETS REV1SED BY: DATE: CITY OF CARLSBAD SCA~~ = 300' t--DR_A_WN_B_Y: __ KA_---l~D_AT...:..E:......:7_-..:..:19......:-2:..:.0=22:.......r-_E_L_C_AM_I_N_O_R_E_A_L_S_T_R_E_ET_IM_P_R_O_VE_M_E_N_T_S--l DOC. NO. CHECKED BY: JR DATE: 7-19-2022 APN 209-060-48 OWNER: THE KELLY FAMILY TRUST DA TED OCTOBER 27, DWG. NO. APPROVED BY: DATE: 1982, AS AMENDED AND RESTATED ON NOVEMBER 23, 2005 LINE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 REVISED BY: DRAWN BY: CH ECKED BY: APPROVED BY: DIRECTION LENGTH S 13'33'45" W 19.69' N 52'31'09" W 40.02' N 34'35'42" W 9.09' N 43'36'53" W 50.04' N 44'45'35" W 50.01' N 45'54'20" W 6.12' N 45'54'20" W 43.85' N 57'12'59" W 20.39' N 49'20'56" W 6.18' S 18'27'07" E 25.25' S 76'26'15" E 21.66' N 13'33' 45" E 25.11' DATE: EXHIBIT "B" (SHEET 2 OF 2) EASEMENT LEGEND E1 NOTES: 50' ROAD AND UTILITY EASEMENT IN FAVOR OF THE RECORD OWNERS OF ALL PORTIONS OF LOT "B" REC. 7/15/1959 IN BK. 7771, PG. 17 O.R. AND REC. 9/7/1995 AS INST. NO. 1995-0398027 O.R. THE RIGHTS TO USE ALL ROADS AND RIGHTS OF WAY TOGETHER WITH THE RIGHT AND EASEMENT TO INSTALL POLES, WIRES, PIPES, OR SIMILAR STRUCTURES ALONG SAID RIGHTS OF WAY IN FAVOR OF EDWARD KELLY, JAMES KELLY, ROBERT S. KELLY, ALICE K. MORRISON, AND LIW E KELLY ORTEGA, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS REC. 6/29/1936 IN BK. 541, PG. 244 O.R. IS NOT PLOTTABLE. SHEET 2 OF 2 SHEETS CITY OF CARLSBAD SCA~~= 60' KA DATE: 7-19-2022 EL CAMINO REAL STREET IMPROVEMENTS __ ___:____:_J----------------------1 DOC. NO. JR DATE: 7-19-2022 DATE: APN 209-060-48 OYft.lER: THE KELLY FAMILY TRUST DATED OCTOBER 27, 1982, AS AMENDED AND RESTATED ON NOVEMBER 23, 2005 DWG. NO. 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 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT 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.: _20_9_-_06_0_-_48 _____ _ Project ID: _C_IP_6_0_9_4 _____ _ Related Project ID: DWG No. 529-1 Related Project ID: _________ _ Project Name: El Camino Real Widening from Sunny Creek Rd to Jackspar Dr. GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR GOOD AND VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, The Kelly Family Trust, Karen R. Kelly and Robert P. Di Figlia, Co-Trustees ("Grantors"), the owners of real property described herein and located in the City of Carlsbad, San Diego County, California ("Property") do hereby GRANT and CONVEY to the City of Carlsbad, a municipal corporation ("Grantee"), and its successor and assigns, a temporary and non-exclusive temporary construction easement ("Temporary Construction Easement"), over, above, on, under, in, across, along and through that certain portion of Grantors' real property, more particularly described in the legal description attached as Exhibit "A", and as depicted in Exhibit "B" (the "Easement Area"), for the purpose of constructing the El Camino Real Widening Project, a public project (the "Project"), and gives Grantee, its successors and assigns, including Grantee's contractor(s), the power to perform all activities necessary for the construction and completion of the Project in compliance with all laws, inclusive of ingress and egress, and necessary appurtenances thereto, in, over, across, along, through and under the Property and incidents thereto, within the bounds of the Easement Area. It is understood that said Temporary Construction Easement shall expire on January 31, 2026, or upon completion of the Project, whichever occurs first. At the expiration of the Temporary Construction Easement, Grantee shall restore the Easement Area to the same condition as existed before construction, unless otherwise agreed to by the Grantors. Grantee shall hold Grantors and its agents, trustees, successors, and assigns ("Grantors' Parties") harmless from and indemnify Grantors' Parties from any claims from Grantee's exercise of the easement rights granted herein. (SIGNATURES ON FOLLOWING PAGE) In witness whereof, grantors have caused this Grant Deed to be executed as of /0 (16 / '2023. I I GRANTORS: THE KELLY FAMILY TRUST, KAREN R. KE O-TRUSTEES By: f-.J-¥-...l<!<:1...!..~-,.J.,..-1--~::.14!::.:::::.,,__ ____ _ 1e APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: __________ _ Deputy City Attorney 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 COUNTY OF T:u-0D1 e_b]) ACKNOWLEDGEMENT On \'D . before me, ~ ~e./.t-, Notary Public, personally appeared ~r-. R, ~ L..✓• 1 , who proved to me on the basis of satisfactory evidence to be the person( ) 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~ j)Cl..f(~ ~ 3E7HANY TORBERT ~ 5~{ ~otary Public -California z •i~_;$.llf{,;. San_ Ol_ego County f ~ Commission~ 2355816 • "'Y Co"'"'· Expires Aor 28. 2025 (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing thi s 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 Cali forn ia ) County of ~D~(l~~~w~\£~---------) On ca:::!i>34. ,1., ,"t.~~~ Date before me, -~J.p~-~~~-Av,;~_-_l~~--+-l~---·-P._~ _____ _ Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th~erson~ whose nam~Gs'>'are subscribed to the within instrument and acknowledged to me that~she/they executed the same in @her/their authorized capacity~), and that b~her/their signatur~ on the instrument the perso*), or the entity upon behalf of which the person~cted, executed the instrument. la·:.... • • JOHN ALAN TACKMAN • , ... • COMM. #2426991 z ~ ~ • ·• , Notary Public • California ~ z Orange County .... 1 0 ~. 0 M~ C~m"l. Ef pi~s ~ov. 17,! 211,26[ Place Notary Seal Above I certify under PENAL TY 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 __ ~_~_1\l_~~\~_·_-_____ _ Signatu~ of Notary Public ----------------OPTIONAL ----------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ~ ~ /~~,rN Document Date: e:t.:r~sa. 1\.1'-4'"> Number of Pages: ~J\%°\ Signer(s) Other Than Named Above: __ -===-______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Corporate Officer -Title(s): ______ _ Partner -. Limited . General Individual Attorney in Fact Trustee Guardian or Conservator Other: ______________ _ Signer Is Representing: _________ _ Signer's Name: _____________ _ Corporate Officer -Title(s): ______ _ Partner -Limited _ General Individual Trustee Other: Attorney in Fact Guardian or Conservator Signer Is Representing: _________ _ ;(,'<;,<.,~'C(,'CCC<,'U(,'C(,'C<.,'C(,'C(;C(.,'C(,'U(,'C(,'C(,'C(,'G(,'C(,'C<,'C(,'C<.,'C(,'C(,'C<,'C(JC(,~"C(,'C(,'C<.,'C<,'C<,"C<,'C(,'C(,'CZ,'C(,"C(,'C(,'C:<)C:(,'C<.,'C(,'C(,'C{.,~ ©2015 National Notary Assoc iation • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 209-060-48 THAT PORTION OF LOT "B" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1896 INCLUDED WITHIN QUITCLAIM DEED TO KAREN R. KELLY AND ROBERT P. DI FIGLIA, CO-TRUSTEES OF THE SURVIVOR'S TRUST CREATED UNDER THE KELLY FAMILY TRUST DATED OCTOBER 27, 1982, AS AMENDED AND RESTATED IN ITS ENTIRETY ON NOVEMBER 23, 2005, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISC STAMPED "LS 6215" SHOWN AS POINT NO. 105 ACCORDING TO RECORD OF SURVEY MAP NO. 17271 FILED IN THE OFFICE OF THE COUNTY RECORDER ON FEBRUARY 8, 2002 WHICH BEARS NORTH 68°14'31" WEST 7549.60 FEET FROM A BRASS DISC STAMPED "LS 6215" SHOWN AS POINT NO. 108 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 66°25'58" EAST 3994.51 FEET TO THE INTERSECTION OF THE EASTERLY LINE OF LAND PER SAID DEED WITH A LINE THAT IS 63.00 FEET NORTHEASTERLY OF, AND PARALLEL TO, THE CENTERLINE OF ROAD SURVEY 1800-1, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID PARALLEL LINE NORTH 52°31'09" WEST 145.76 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF LAND PER SAID DEED; 2. THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 45°54'20" WEST 43.87 FEET TO AN ANGLE POINT THEREIN; 3. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 57°12'59" WEST 20.39 FEET TO AN ANGLE POINT THEREIN; 4. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 47°40'05" WEST 130.05 FEET TO AN ANGLE POINT THEREIN; 5. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 41 °54'04" WEST 100.24 FEET TO AN ANGLE POINT THEREIN; 6. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 49°20'56" WEST 6.18 FEET; 7. THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 87°00'36" EAST 18.31 FEET; 8. THENCE SOUTH 54°09'17" EAST 44.14 FEET; 9. THENCE SOUTH 42°50'58" EAST 72.41 FEET; 10. THENCE SOUTH 28°07'48" EAST 62.38 FEET; 11. THENCE SOUTH 62°22'49" EAST 132.33 FEET; 12. THENCE SOUTH 50°26'53" EAST 76.49 FEET; 13. THENCE SOUTH 18°27'07" EAST 25.25 FEET; 14. THENCE SOUTH 76°26'15" EAST 21.66 FEET TO SAID EASTERLY LINE OF LAND PER SAID DEED; 15. THENCE ALONG SAID EASTERLY LINE SOUTH 13°33'45" WEST 25.11 FEET TO THE TRUE POINT OF BEGINNING. AREA= 8,540 SQUARE FEET, MORE OR LESS (BASED ON GROUND DISTANCES). PAGE 1 OF 2 EXH IBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 209-060-48 SEE EXHIBIT "B" ATTACHED AND BY REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, NAD83, EPOCH 1991.35. DIVIDE DISTANCES SHOWN BY 0.99996244 TO OBTAIN GROUND DISTANCES. 7-19-2022 J PAGE 2 OF 2 EXH IBIT "B" /---- 0 150 300 600 AT POINT #105 PER ROS 17271 CONVERGENCE ANGLE= -00'34'32.469" COMB. SCALE FACTOR= 0.99996244 NGVD 29 ELEV= 45.41' F RANCH O AGUA HEDI ONDA MAP 82 3 POR. LOT "B" a:: 0 z APN 209-060-48 LAND PER DD1 EE SHEE ~.) \--::::-9~66 (/) "' "-" u ,I, "-u ,., 6'c9 "- 'I-,. "- P.O.B. .J-, .. "- PT 105 PER If, "- ROS 17271 8,f. >s~ N 1999466.124 ~$ ~~O• E 6241021.960 ._,,.,~~/J ~e~~>s.---......_. ~$.,~o>c9, LEGEND 11 I I I 11 RIGHT-OF-WAY ACQUISITION ._._ . ........._ . .i... . .i... . .1.1 .. AREA = 1,557 SQ. FT., MORE OR LESS VZZ2J TEMPORARY ACCESS EASEMENT AREA = 8,540 SQ. FT., MORE OR LESS P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING &, CONTROL POINT PER ROS 17271 E1 QD1 G',i)a t'/,11/) '----..:::: 0 ------- CARL SBAD TRAC T NO. 83-36 UNIT NO. 1 MAP 11 242 LOT 11 PT 108 PER ROS 17271 N 1999466.124 E 6241021.960 -- SEE EASEMENT LEGEND ON.. SHEET 2 QUITCLAIM DEED TO THE KELLY FAMILY TRUST DATED 10/27/1982 AND RESTATED 11/23/2005 REC. 5/03/2021 AS DOC. NO. 2021-0337847 O.R. SHEET 1 OF 2 SHEETS REVISED BY: DATE: CITY OF CARLSBAD SCA~~ = 300' I-D_RA_WN_B_Y: __ KA_---II-D_AT_E:_7_-_19_-2_0_22---1-_E_L_C_A_M_IN_O_R_E_A_L_S_TR_E_ET_IM_P_R_O_VE_M_EN_T_S----t DOC. NO. CHECKED BY: JR DATE: 7-19-2022 APN 209-060-48 OWNER: THE KELLY FAMILY TRUST DATED OCTOBER 27, DWG. NO. APPROVED BY: DATE: 1982, AS AMENDED AND RESTATED ON NOVEMBER 23, 2005 L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 REVISED BY: DRAWN BY: CHECKED BY: APPROVED BY: S 13'33' 45" W 19.69' N 52'31'09" W 40.02' N 34'35'42" W 9.09' N 43'36'53" W 50.04' N 44'45'35" W 50.01' N 45'54'20" W 6.12' N 45'54'20" W 43.85' N 57'12'59" W 20.39' N 49'20'56" W 6.18' S 18'27'07" E 25.25' S 76'26'15" E 21.66' N 13'33' 45" E 25.11' DATE: EXHIBIT "B" (SHEET 2 OF 2) EASEMENT LEGEND E1 NOTES: 50' ROAD AND UTILITY EASEMENT IN FAVOR OF THE RECORD OWNERS OF ALL PORTIONS OF LOT "B" REC. 7/15/1959 IN BK. 7771, PG. 17 O.R. AND REC. 9/7/1995 AS INST. NO. 1995-0398027 O.R. TI-IE RIGHTS TO USE ALL ROADS AND RIGHTS OF WAY TOGETI-IER 'MTH TI-IE RIGHT AND EASEMENT TO INSTALL POLES, 'MRES, PIPES, OR SIMILAR STRUCTURES ALONG SAID RIGHTS OF WAY IN FAVOR OF EDWARD KELLY, JAMES KELLY, ROBERT S. KELLY, ALICE K. MORRISON, AND UWE KELLY ORTEGA, AND TI-IEIR RESPECTIVE SUCCESSORS AND ASSIGNS REC. 6/29/1 936 IN BK. 541, PG. 244 O.R. IS NOT PLOTTABLE. TI-IE RIGHT TO EXTEND DRAINAGE STRUCTURES AND SLOPES IN FAVOR OF TI-IE COUNTY OF SAN DIEGO REC. 1/5/1938 IN BK. 727, PG. 441 O.R. IS NOT PLOTTABLE. SHEET 2 OF 2 SHEETS CITY OF CARLSBAD SCA~~ = 60' KA DATE: 7-19-2022 EL CAMINO REAL STREET IMPROVEMENTS --~=-t-------------------1 DOC. NO. JR DATE: 7-19-2022 DATE: APN 209-060-48 OWNER: TI-IE KELLY FAMILY TRUST DATED OCTOBER 27, 1982, AS AMENDED AND RESTATED ON NOVEMBER 23, 2005 DWG. NO. Attachment B 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 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor's Parcel No.: 209-060-58 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 6094 ---------Re I ate d Project ID: DWG No. 529-1 Related Project ID: ---------Project Name: El Camino Real Widening from Sunny Creek Rd to Jackspar Dr. GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Camino Carlsbad, LLC hereby GRANTS, in fee simple, to the City of Carlsbad, a Municipal Corporation, for public purposes, including but not limited to street, highway, sewer, drainage, public utilities, and public access, in, upon, over, under, along and across the same, all that real property situated in the City of Carlsbad, County of San Diego, State of California, described by the attached Exhibit "A" and depicted in Exhibit "B". Subject to: 1. Nondelinquent taxes and assessments; and 2. All matters of record or visible from an inspection of the property or which an accurate survey of the property would disclose. (SIGNATURES ON FOLLOWING PAGE) DATED: _fn_c_rtL __ L_'3 __ , 2024 :;NER: fu C~ LLC (Sign Here) BcL++ fil/\tG)~-~ (Print Name Here) (Title) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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. } } personally appeared D r L--\--\-~ue.r c:...k " who proved to me on the basis of satisfactory evidence to be the person.(&} whose name(.s) is/are subscribed to the within instrument and acknowledged to me that he/SA-e/they executed the same in histl:i-er/their authorized capacity(.ies), and that by his/ber/tbeir signature(&) on the instrument the person(.s-), or the entity upon behalf of which the person(s} acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~ Notary Public Signature (Notary Public Seal) .......• f MELINDA BROWN Notary Public • California z San Otego County ~ Commission II 2412188 • My Comm. Expires Aug 31, 2026 INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL IN FORMATION This form complies with current Califomia statutes regarding notm)' wording and, DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact □ Trustee(s) □ Other _________ _ www.NotaryClasses.com 800-873-9865 if needed, should be completed and al/ached lo the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California 11ota1J' lo violate Califomia 11otc11y law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fonns (i.e. m/she/#iey, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. EXHIBIT "A" RIGHT-OF-WAY ACQUISITION APN 209-060-58 THAT PORTION OF LOT "E" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISC STAMPED "LS 6215" SHOWN AS POINT NO. 105 ACCORDING TO RECORD OF SURVEY MAP NO. 17271 FILED IN THE OFFICE OF THE COUNTY RECORDER ON FEBRUARY 8, 2002 WHICH BEARS NORTH 68°14'31" WEST 7549.60 FEET FROM A BRASS DISC STAMPED "LS 6215" SHOWN AS POINT NO. 108 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 70°54'36" EAST 2648.79 FEET TO THE SOUTHWEST CORNER OF PARCEL 4 OF A DEED IN FAVOR OF CAMINO CARLSBAD, LLC RECORDED FEBRUARY 4, 2003 AS DOC. NO. 2003-0130230 OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 66°36'50" EAST 61.71 FEET TO THE POINT OF CUSP OF A TANGENT 55.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 23°23'10" WEST; 2. THENCE LEAVING SAID NORTHEASTERLY LINE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 96°34'46" A DISTANCE OF 92.71 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 4; 3. THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 4 SOUTH 29°57'56" WEST 61.71 FEET TO THE TRUE POINT OF BEGINNING. AREA= 844 SQUARE FEET, MORE OR LESS (BASED ON GROUND DISTANCES). SEE EXHIBIT "B" ATTACHED AND BY REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, NAD83, EPOCH 1991.35. DIVIDE DISTANCES SHOWN BY 0.99996244 TO OBTAIN GROUND DISTANCES. 7-19-2022 J PAGE 1 OF 1 EXHIBIT 0 150 300 600 AT POINT #105 PER ROS 17271 CONVERGENCE ANGLE= -00•34'32.469" COMB. SCALE FACTOR= 0.99996244 ~ NGVD 29 ELEV= 45.41' ~ "'- "'-0::-· I I I I I j!: ~ 0 z Cl ~ I") CX) ~ (.) ~"IJ:, '\~~ b'p:i <":> '),~ / 1~ N 8'1-,.'J;-;. .______ .______ 1: q_"1: I I APN 209-060-58 LAND PER DD1 I I RANCHO AGUA POR. LOT "E'' HEDIONDA MAP 823 I • 1. ROS 6570 k'-'JF 1-11-g g ~r--------------- JS, )-------------- P.O.B. 84s,J49.Bo':v 1-___ PT 105 PER Op i~l?!I) .______ .______ ROS 17271 df'4J?i :?s,,._ .______ .______ .______ N 1999466.124 1NGs 9.88• G -------.______ E 6241021.960 ~OUNI) .______ ._____A -------~ PT 108 PER_/ ROS 17271 N 1999466.124 E 6241021.960 "B" -- ---- LEGEND POR LOT 11 / CARLSBAD TRACT NO. 83-36 UNIT NO. 1 MAP 11242 ~~~ RIGHT-OF-WAY ACQUISITION {ACQ) ..... ~.__._ '\,.,~ ..... ,~__. AREA = 844 SQ. FT., MORE OR LESS ITr/./1 TEMPORARY ACCESS EASEMENT {TCE) ~t:.../~-~ //~ /u~ AREA = 1,242 SQ. FT., MORE OR LESS P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING &, CONTROL POINT PER ROS 17271 E1 SEE EASEMENT LEGEND ON.. SHEET 2 DD1 DEED TO CAMINO CARLSBAD, LLC REC. 2/4/2003 AS DOC. NO. 2003-0130230 O.R. SHEET 1 OF 2 SHEETS REVISED BY: DATE: CITY OF CARLSBAD SCALE 1" = 300' DRAWN BY: KA DATE: 7-19-2022 EL CAMINO REAL STREET IMPROVEMENTS DOC. NO. CHECKED BY: JR DATE: 7-19-2022 APN 209-060-58 DWG. NO. APPROVED BY: DATE: OWNER: CAMINO CARLSBAD, LLC PAR. 1 -------------- j:!: a:: 0 z Cl 0:: (!) I") IX) (/) u u REVISED BY: EXHIBIT "8" (SHEET 2 OF 2) I I CURVE TABLE PM 17985 CURVE NO. DELTA RADIUS LENGTH I E1 C1 96'34' 46" 55.00' 92.71' C2 93'25'58" 55.00' 89.69' PAR. 2 RANCHO AGUA HEDIONDA MAP 823 POR. LOT "E" APN 209-060-58 LAND PER DD1 EASEMENT LEGEND E1 A TEMPORARY CONSTRUCTION EASEMENT IN FAVOR OF THE CITY OF CARLSBAD REC. 9/29/2000 AS DOC. NO. 2000-0523120 O.R. E2 5' WATER PIPELINE EASEMENT IN FAVOR OF PAUL ECKE 1/11/1954 IN BK. 5108, PG. 328 O.R. NOTE: THE RIGHT TO EXTEND DRAINAGE SlRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY OF A COUNTY HIGHWAY GRANTED IN DEED REC. 1/5/1938 IN BK. 727, PG.441 O.R. IS NOT PLOTT ABLE. AT POINT #105 PER ROS 17271 CONVERGENCE ANGLE= -00'34'32.469" I COMB. SCALE FACTOR= 0.99996244 0.....__20 NGVD 29 ELEV= 45.41' 40 80 SHEET 2 OF 2 SHEETS DRAWN BY: KA DATE: CITY OF CARLSBAD SCA~; = 40' ---4-DA_TE_: 7_-_19_-_20_22-r_E_L_CA_M_I_NO_R_E_AL_S_TR_E_E_T_IM_P_R_O_VE_M_E_N_T_S---1 DOC. NO. CHECKED BY: JR APPROVED BY: DATE: 7-19-2022 DATE: APN 209-060-58 OWNER: CAMINO CARLSBAD, LLC DWG. NO. 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 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 209-060-58 -=:;_;:_..:....::.;:......::..::.._ ___ _ 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 6094 ------'---------Re I ate d Project ID: DWG No. 529-1 Related Project ID: ---------Project Name: El Camino Real Widening from Sunny Creek Rd to Jackspar Dr. GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Camino Carlsbad, LLC 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 ("Grantee") a non-exclusive TEMPORARY CONSTRUCTION EASEMENT for the purpose of constructing the El Camino Real Widening Project, a public project (the "Project"), and gives City, its successors and assigns, including City's contractor(s), the power to perform all activities in the Easement Area that are necessary for the construction and completion of the Project, inclusive of ingress and egress, and necessary appurtenances thereto, in, over, across, along, through and under the Property and incidents thereto, but only within the bounds of said easement area (the "Easement Area") as described in Exhibit "A", consisting of one (1) page, attached hereto and made a part hereof, and Exhibit "B" consisting of two (2) pages is attached hereto for clarity only. If any lien shall be filed against the Grantor's Property in connection with the performance of any work performed by or on behalf of the Grantee, then the Grantee shall, at its sole cost and expense, cause the lien to be discharged or bonded over within thirty (30) days following the written notice of same. Grantee shall indemnify, defend, protect and hold the Grantor harmless from and against any and all claims, expenses, liabilities, loss, damage and costs, including any actions or proceedings in connection therewith and including reasonable attorneys' fees (collectively, "Claims"), arising or resulting from work performed by or on behalf of Grantee on or about the Easement Area and/or the negligence or willful act or omission of, or the breach of this TEMPORARY CONSTRUCTION EASEMENT or any applicable laws by, Grantee or any party for which Grantee is responsible. If Grantor or Grantee hereto shall bring an action or proceeding (including, without limitation, any cross-complaint, counterclaim or third party claim) against the other by reason of the breach or alleged violation of any covenant, term or obligation hereof, or for the enforcement or interpretation of any provision of this TEMPORARY CONSTRUCTION EASEMENT, the prevailing party in such action or proceeding (as determined by a final judgment) shall be entitled to its costs and expenses of suit, including but not limited to reasonable attorneys' fees, which shall be payable whether or not such action is prosecuted to judgment. The provisions of this paragraph shall survive the termination of this TEMPORARY CONSTRUCTION EASEMENT. It is understood that said TEMPORARY CONSTRUCTION EASEMENT shall expire on the date that is two hundred seventy (270) days following the commencement of work on the Project, but in any event no later than (i) January 31, 2026, or (ii) completion of the Project, whichever occurs first. At the earlier of the expiration of the Temporary Construction Easement or completion of the Project, City shall restore the Easement Area and any other affected Property to substantially the same condition as existed before construction, unless otherwise agreed to by the Granter, in the Grantor's sole discretion. Upon such termination, if requested by the Granter, Grantee will execute and record a termination of easement to confirm the termination of said TEMPORARY CONSTRUCTION EASEMENT. The provisions of this paragraph shall survive the termination of this TEMPORARY CONSTRUCTION EASEMENT. (SIGNATURES ON FOLLOWING PAGE) OWNER: Camino Carlsbad, LLC By: (Print Name Here) ' DATED t1°' "" G t}' " 9 r<'-<, ~ L.,. •• Grantee: THE CITY OF CARLSBAD, a California municipal corporation By: __________ _ Keith Blackburn, Mayor Approved as to Form: CINDIE K. MCMAHON, City Attorney By: ___________ _ Assistant City Attorney (Title) h--vt.1., 1 '8 , 2024 CALIFORNIA ALL-PURPOSE CERTIFICATE 0 1F ACKNOWLEDGMENT A notary public or other officer comptetilng thiis certificate verifies only the identity of the ind ividual who signed the document to which th1is certificate is attached. and not the truthfulness, accuracy, or validity of that document. } County of :)"'-(\ b, e< ,o } r - On ~MvV'-va ~J.-1.-1, before me, N\L\ I(\ ~.,btlt~anhw~~~ P~bli L . personally appeared fx e.,,--\j f e..ue-./=r\~o . who proved to me on the basis of satisfactory ev,idence to be the person(s) whose name(s) i!s/are subscribed to the within instrument and acknowtedg,ed to me that he/she/they executed the same in his/her/their authorized capacityi(ies), and that by hiis/her/their signature(s) on the 1instrument the personi(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. WlliNESS~ my hand and official seal. ~<~~ eeeoeee+l MELINDA BROWN "~ Notary Publtc • California~ ~ San Diego County ! ~ Commission # 2412188 My Comm. Expires Aug 31, 202~ Notary Public Signature (Notary Public Seal) INSTRUCTIONS FOR C011PLETING 1HIS FORM ADDITIONAL OPTIONAL INFORMATION 1Jzisjbmicompli,zrn:fth c.m-rfflt Calif/Jmias1atu1,:;~nott11J!11wding{Uld. DESCRIPTION Of THE A TT ACHEO DOCUMBNT if11-»tl. shmild bit amtpl4_tw and attacJu;d to th, ti«.Jf!IWft. A<Jnowl«ig!lffll"ts from othm-stat,:; mqi., be c.ompl,tmlfar docw?J(l}Jt:; M11gz(l11t to that note ~o long ar tile wording d<XM 11{)f r,;qrJirrJ 1114 Califonlia notary to 1ioln Caljfomia no.♦ary law. (Tdte or de!uiition of attached doo.m!rlt) (Trtle o, desctip1ion df atbched doCl.rnent conlinued} Number of Pages __ Document Date __ _ CAPACITY CLAIMED BY THE SIGNER □ Individual (s) D Corporate Officer (TIUe) D Partner(s) □ Attorney-in-Fact o Trustee(s) □ other ________ _ www.Notarya asses.com 800-87~9865 • State and CooD1y i:nfu=lioo must lbe the S~e and Crulll.y where the documelll. signe(s) pmo113llyappe:ired lbefme the notaJy IJ(l.biic far :dnowledgment. • Date of notariz.atim must be Ille da1e that the !.igna:(s) ~• a:ppElll1!d 'Mlich Dm5t also be Ille ~date Ille :rlnowledgment is cmq>leted. • Toe notary public llll.l'5t print hls or her ill3Dle a; it ~ \\i.tbin bis or her c0Jllllll5sfon followed by a coomia and tihen your litle (Domy public). • Print the name(s) of documelll. sigo,er(s) who pe-sooilly appear at die lime of notarization. • Indicate the oorrect singular er plnral mml5 iby crossing o1f iiDComct forms (ie. er~ is ,1-) oc circling Ille correct forms. Failme to cmectly indicate tms in.fi:mmtion may lead to rejectian ,of document recordmg. • Toe nol:!Iy seal impressiDn must be dear alld Itwt~cally reproducible. Impression mnst Illlt ca1;er text ar lines. If seal impression ~ ie--seal if a suflitieDt ma peon:its., ~ise camplete a diffl!l'E!lt ackuawl.edgmEnt fonn. • Signatme of the nol:!Iy public mnst Ill3tch the signatlR oo file with ,the alike of Ille cOIIIIly clak. ❖ Additional mfi>nnation is not required bot could help to ensme this acknawfedgmellt is JWt misused ar attachEd to a different d.ocummt. ❖ Indicate litle or t}]le of attxhed doc:ollll!llt, mmber of pages md mte. ❖ Indicate the cap.1city claiml!d by the ggner. If the chimed ClpOCi.ty is a co,pame officer, indiaite the title (i.e. CF.a, CFO, Sec:nmy). • Securely attach this document to the sigDl!d document wi1h a sbple. EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 209-060-58 THAT PORTION OF LOT "E" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISC STAMPED "LS 6215" SHOWN AS POINT NO. 105 ACCORDING TO RECORD OF SURVEY MAP NO. 17271 FILED IN THE OFFICE OF THE COUNTY RECORDER ON FEBRUARY 8, 2002 WHICH BEARS NORTH 68°14'31" WEST 7549.60 FEET FROM A BRASS DISC STAMPED "LS 6215" SHOWN AS POINT NO. 108 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 70°54'36" EAST 2648.79 FEET TO THE SOUTHWEST CORNER OF PARCEL 4 OF A DEED IN FAVOR OF CAMINO CARLSBAD, LLC RECORDED FEBRUARY 4, 2003 AS DOC. NO. 2003-0130230 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 4 SOUTH 66°3650" EAST 61.71 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE SOUTH 66°36'50" EAST 159.83 FEET; 2. THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 63°28'02" WEST 162.08 FEET TO THE BEGINNING OF A TANGENT 55.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 3. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 93°25'58" A DISTANCE OF 89.69 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 4; 4. THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 29°57'56" WEST 8.87 FEET TO THE BEGINNING OF A TANGENT 55.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 5. THENCE LEAVING SAID NORTHWESTERLY LINE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 96°34'46" A DISTANCE OF 92.71 FEET TO THE TRUE POINT OF BEGINNING. AREA= 1,242 SQUARE FEET, MORE OR LESS (BASED ON GROUND DISTANCES). SEE EXHIBIT "B" ATTACHED AND BY REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, NAD83, EPOCH 1991.35. DIVIDE DISTANCES SHOWN BY 0.99996244 TO OBTAIN GROUND DISTANCES. 7-19-2022 PAGE 1 OF 1 EXHIBIT 0 150 300 600 AT POINT #105 PER ROS 17271 CONVERGENCE ANGLE= -00'34'32.469• COMB. SCALE FACTOR= 0.99996244 ~ NGVD 29 ELEV= 45.41' 1\0) "'--- "'---Q:-' I I I I I i!: a:: 0 z C ~ I") IX) ~ (.) ~'!,'<> '\~~ ~:\ s 'l,,'<> / 1~ N 8'1-,.'J;-;, .._____ .._____ ;t q_'Z I I APN 209-060-58 LAND PER DD1 I I RANCHO AGUA POR. LOT "E" ROS 6570 HEDIONDA MAP 823 I ~r------------ w 7:------------ P.O.B. 8,4s1.~49.6o';\; '\.._____ PT 105 PER ~ o,-1:PRtD ------------ ROS 17271 dc,4~ 75.,,_ .._____ .._____ .._____ N 1999466.124 1Ncs 9.BB• G ------.._____ E 6241021.960 ~OUND .::__-----&, PT 108 PER_/ ROS 17271 N 1999466.124 E 6241021.960 "B" -- POR LOT 1 ;--- LEGEND / CARLSBAD TRACT NO. 83-36 UNIT NO. 1 MAP 11242 ~~ RIGHT-OF-WAY ACQUISITION (ACQ) ... b .... ,~ ..... ,~__._,~..... AREA = 844 SQ. FT., MORE OR LESS ~ //~ TEMPORARY ACCESS EASEMENT (TCE) t::_~~u AREA = 1,242 SQ. FT., MORE OR LESS P.O.B. POINT OF BEGINNING T.P.0.8. TRUE POINT OF BEGINNING 8. CONTROL POINT PER ROS 17271 E1 SEE EASEMENT LEGEND ON.. SHEET 2 DD1 DEED TO CAMINO CARLSBAD, LLC REC. 2/4/2003 AS DOC. NO. 2003-0130230 O.R. SHEET 1 OF 2 SHEETS REVISED BY: DATE: CITY OF CARLSBAD SCALE 1· = 300' DRAWN BY: KA DATE: 7-19-2022 EL CAMINO REAL STREET IMPROVEMENTS DOC. NO. CHECKED BY: JR DATE: 7-19-2022 APN 209-060-58 DWG. NO. APPROVED BY: DATE: OWNER: CAMINO CARLSBAD, LLC PAR. 1 I j:!: a::: 0 z 0 ffi I"') CX) ~ (.) ~ REVISED BY: DRAWN BY: CHECKED BY: APPROVED BY: KA JR EXHIBIT "8" (SHEET 2 OF 2) I I CURVE TABLE PM 17985 CURVE NO. DELTA RADIUS LENGTH I E1 C1 95·34'46" 55.00' 92.71' C2 93"25'58" 55.00' 89.69' PAR. 2 RANCHO AGUA HEDIONDA MAP 823 POR. LOT "E" APN 209-060-58 LAND PER DD1 -------- EASEMENT LEGEND ~ ~ E1 A TEMPORARY CONSTRUCTION EASEMENT IN FAVOR OF THE CITY OF CARLSBAD REC. 9/29/2000 AS DOC. NO. 2000-0523120 O.R. E2 5' WATER PIPELINE EASEMENT IN FAVOR OF PAUL ECKE 1/11/1954 IN BK. 5108, PG. 328 O.R. NOTE: THE RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY OF A COUNTY HIGHWAY GRANTED IN DEED REC. 1/5/1938 IN BK. 727, PG.441 O.R. IS NOT PLOTTABLE. AT POINT #105 PER ROS 17271 CONVERGENCE ANGLE= -00•34'32.469" COMB. SCALE FACTOR= 0.99996244 NGVD 29 ELEV= 45.41' 0 20 40 80 SHEET 2 OF 2 SHEETS DATE: CITY OF CARLSBAD SCALE 1" = 40' DATE: 7-19-2022 EL CAMINO REAL STREET IMPROVEMENTS DOC. NO. DATE: 7-19-2022 APN 209-060-58 DWG. NO. DATE: OWNER: CAMINO CARLSBAD, LLC Attachment C 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 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor 's Parcel No.: 209-090-11 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 6094 ----------Re I ate d Project ID: DWG No. 529-1 Related Project ID: Project Name: El Camino Real Widening from Sunny Creek Rd to Jackspar Dr. GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Sunny Creek Development Partners LP 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 ("Grantee") the following described real property in the City of Carlsbad, County of San Diego, State of California: This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the El Camino Real Widening Project, a public project (the "Project"), and gives City, its successors and assigns, including City's contractor(s), the power to perform all activities necessary for the construction and completion of the Project, inclusive of ingress and egress, and necessary appurtenances thereto, in, over, across, along, through and under the Property and incidents thereto, within the bounds of said easement as described in Exhibit "A", consisting of two (2) pages, attached hereto and made a part hereof, and Exhibit "B" consisting of two (2) pages is attached hereto for clarity only. It is understood that said TEMPORARY CONSTRUCTION EASEMENT shall expire on January 31, 2026, or completion of the project, whichever occurs first. At the expiration of the Temporary Construction Easement, City shall restore the easement area to a condition substantially the same condition as existed before construction to the extent feasible, unless otherwise agreed to by the Grantor. (SIGNATURES ON FOLLOWING PAGE) DATED: 20 .:r,u .. ,lJ OWNER: SUNNY CREEK DEVELOPMENT PARTNERS LP, a Delaware limited partnership By: By: Sunny Creek Developments, Inc., General Partner @Fe% ;r;, ~,ntt;;1m~r'!f T~'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 J. AUTHO~Y OF SAID INDIVIDUAL TO ACT IN THIS MATTER. ~ ('.:-'1,,S~~ ~ ~tie) ~ ~ 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 couNTY OF Or~~, ACKNOWLEDGEMENT On '2-0 2,07-3 Jllvvtl~ Co-ole.. , Notary Public, persona ly appeared _ ___,,.._..._ ............ ~~"""-'~~~~------,------' who proved to me on the basis of satisfactory evidence to be the person ) whose nam~s)_§/are subscribed to the within instrument and acknowledged to me that .b§Lshe/they executed the same in his/her/their authorized capacity(i~ and that by his/her/their signature(,s) on the instrument the persori(ij, or the entity upon behalf o( wh.ich 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 my hand and official seal. Signature ---,8 -+~--tW' ...... Le~-./~[~c6~k __ (Seal) JAMIE COOKE COMM . #233504 1 z Notary Public • California ~ Oranoe County .. Colml. • Oct. 9, 202t Page 1 of 25 4857-0885-5461.8 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT OF PURCHASE AND SALE (this "Agreement") is made and entered into as of this March 14, 2024, between CAMINO CARLSBAD, LLC, a California limited liability company ("Seller"), and THE CITY OF CARLSBAD, a California municipal corporation ("Buyer") with reference to the following facts: A.Seller is the owner of the Property, as hereinafter defined. B.Buyer desires to purchase the Property from Seller and Seller desires to sell the Property to Buyer on the terms and conditions set forth in this Agreement. NOW, THEREFORE, IN CONSIDERATION of the foregoing and the mutual covenants and agreements set forth in this Agreement, Seller and Buyer agree as follows: ARTICLE I PROPERTY 1.1 Conveyance of Property. Seller hereby agrees to sell to Buyer, and Buyer hereby agrees to purchase from Seller, subject to the terms and conditions set forth in this Agreement, all of Seller's right, title and interest in and to the following: (a)Land. Approximately 844 square feet of land for a grant deed easement and 1,242 square feet of land for a temporary construction easement both of which are located near the intersection of Rancho Carlsbad Drive and El Camino Real in Carlsbad, California 92010 described in Exhibit "A", with Assessor's Parcel Number 209-060-58 (the "Property"); ARTICLE II PURCHASE PRICE 2.1 Purchase Price. Buyer shall pay to Seller the purchase price of nineteen thousand six hundred twenty-five dollars ($19,625.00) for the grant deed easement and one thousand seven hundred ten dollars ($1,710.00) for the temporary construction easement, for a combined total of twenty-one thousand three hundred thirty-five dollars ($21,335.00) ("Purchase Price"). 2.2 Payment of Purchase Price. Buyer shall pay Seller the Purchase Price by check or cashier's check on the Closing Date (defined in Section 4.1 below). ARTICLE III CONVEYANCE OF TITLE TO PROPERTY 3.1 Real Property. On the Closing Date (defined in Section 4.1), Seller shall (i) convey fee title to the Real Property to Buyer, by duly executed and acknowledged grant deed substantially in the form of Exhibit "B" hereto (the "Deed"); and (ii) grant to Buyer a temporary construction easement by duly executed and acknowledged temporary construction easement agreement in the form of Exhibit "C" hereto (the "Temporary Construction Easement Agreement"). Seller DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 Attachment D Page 2 of 25 4857-0885-5461.8 agrees to convey the Real Property to Buyer free of financial encumbrances caused by Seller, other than the lien of non-delinquent real property taxes and special assessments. ARTICLE IV CLOSING 4.1 Closing. The closing hereunder ("Closing") shall mean the date when Seller receives the Purchase Price (the "Closing Date"), which shall occur no later than [City to insert outside date], 2024. If either party has complied with the terms and conditions of this Agreement as of the Closing Date and the other party is not in a position to close, the party not in a position to close shall be in material breach of this Agreement and this Agreement may be terminated by the non- defaulting party. Except as set forth herein, the Closing Date may not be extended without the written approval of both Seller and Buyer. 4.2 Delivery by Seller. Not less than one (1) business day before the Closing Date, Seller shall deposit with Buyer the following: (1)The Deed and the Temporary Construction Easement Agreement, each duly executed and acknowledged by Seller, in recordable form, and ready for recordation on the Closing Date; (2)Any other documents as may be necessary or appropriate to convey the Property in accordance with this Agreement; and 4.3 Delivery by Buyer. On or before the Closing Date, Buyer shall send to Seller: (1)The Purchase Price, paid in the form of a check or cashier's check; (2)Proof of Buyer's authority and authorization to enter into and perform under this Agreement as described in a certified copy of the City Council Resolution authorizing the Mayor to execute this Agreement; and (3)Any other documents as may be necessary or appropriate to convey the Property in accordance with this Agreement. 4.4 Recording by Buyer. On (and not prior to) the Closing Date, Buyer shall record the Deed, with the Certificate of Acceptance, and the Temporary Construction Easement Agreement, with the San Diego County Recorder's Office and shall mail Seller a copy of the recorded Deed and Temporary Construction Easement Agreement within ten (10) business days after recordation. DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 Page 3 of 25 4857-0885-5461.8 ARTICLE V REPRESENTATIONS AND WARRANTIES 5.1 Representations and Warranties of Seller. As a material inducement to Buyer to enter into this Agreement, Seller hereby represents and warrants to and agrees with Buyer as follows: (a)Organization; Authority. The entity making up the Seller is a California limited liability company and has the full right, power and authority to enter into this Agreement, and has taken all action necessary to consummate the transactions contemplated hereby. (b)Litigation. To Seller's actual knowledge, there are no actions, suits, proceedings, judgments, arbitration, orders, decrees pending, or other legal or administrative suit against Seller or the Property that would materially or adversely affect the use or operation of the Property, or Seller's ability to perform its obligations under the Agreement or the documents to be executed in connection herewith. (c)No Bankruptcy. Seller has not (i) made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by Seller's creditors, (iii) suffered the appointment of a receiver to take possession of all or substantially all of Seller's assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Seller's assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or composition to its creditors generally. (d)Property Taxes and Assessments. All real estate and personal property taxes and assessments attributable to the Easement Area will be prorated at Closing. Seller is obligated to pay any property taxes and assessments attributable to the Easement Area to the Closing Date. Buyer shall pay all property taxes and assessments attributable to the Easement Area from and after the Closing Date. Buyer shall receive title free and clear of financial liens and financial encumbrances caused by Seller, other than the lien of non-delinquent real property taxes and special assessments. 5.2 Representations and Warranties of Buyer. As a material inducement to Seller to enter into this Agreement, Buyer hereby represents and warrants to and agrees with Seller as follows: (a)Organization. Buyer is a chartered municipal corporation duly formed, validly existing under the laws of the State of California and has the full right, power and authority to enter into this Agreement, and has taken all action necessary to consummate the transactions contemplated by this Agreement. (b)Authority to Bind. This Agreement and all documents executed by Buyer which will be delivered to Seller at or prior to the Closing are, or at the time of Closing will be: (i) duly authorized, executed, and delivered by Buyer, (ii) legal, valid and binding obligations of Buyer enforceable in accordance with their terms. This Agreement and all documents executed by Buyer which will be delivered to Seller at or prior to the Closing do not, or at the time of Closing will DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 Page 4 of 25 4857-0885-5461.8 not, violate any provisions of any agreement or judicial order to which Buyer is a party or to which Buyer is subject. (c)No Bankruptcy. Buyer has not (i) made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by Buyer's creditors, (iii) suffered the appointment of a receiver to take possession of all or substantially all of Buyer's assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Buyer's assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or composition to its creditors generally. 5.3 No other Representations or Warranties. Except for those representations and warranties expressly set forth in this Agreement, the parties understand and acknowledge that no person acting on behalf of Seller is authorized to make, and by execution hereof Buyer acknowledges that no person has made, any representation, agreement, statement, warranty, guaranty or promise regarding the Property or the transaction contemplated herein, or regarding the zoning, construction, development, physical or environmental condition or other status of the Property. ARTICLE VI ACCEPTANCE OF PROPERTY AS IS, WHERE IS; RELEASE BUYER ACKNOWLEDGES THAT IT IS A SOPHISTICATED AND EXPERIENCED PURCHASER OF REAL PROPERTY. ACCORDINGLY, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR ANY EXHIBIT ATTACHED HERETO, BUYER ACKNOWLEDGES AND AGREES THAT BUYER WILL BE CONCLUDING THE PURCHASE OF THE PROPERTY BASED SOLELY UPON SELLER'S EXPRESS REPRESENTATIONS SET FORTH IN SECTION 5.1 ABOVE AND BUYER'S INSPECTION AND INVESTIGATION OF THE PROPERTY AND THAT BUYER WILL BE PURCHASING THE PROPERTY ON AN "AS IS, WHERE IS" BASIS, WITH ALL FAULTS, LATENT AND PATENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, IS NOT HEREBY MAKING AND SELLER HEREBY EXPRESSLY DISCLAIMS AND NEGATES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, EXCEPT THOSE EXPRESSLY CONTAINED IN SECTION 5.1 OF THIS AGREEMENT, ON WHICH BUYER IS RELYING AS TO ANY MATTER CONCERNING THE PROPERTY, INCLUDING, WITHOUT LIMITATION, MATTERS RELATING TO THE ZONING, LAND USE OR OTHER ENTITLEMENTS, THE ENVIRONMENTAL CONDITION OF THE PROPERTY, THE EXISTENCE OF NATURAL HAZARDS, MOLD, AND/OR SOILS, SEISMIC, GEOTECHNICAL AND/OR OTHER MATTERS RELATING TO THE CONDITION OF THE PROPERTY, AND MATTERS RELATED TO THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE LAWS, ORDINANCES AND REGULATIONS, INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT. BUYER ACKNOWLEDGES AND AGREES THAT (A) ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PROPERTY BY OR ON BEHALF OF SELLER, WERE OBTAINED FROM A VARIETY OF SOURCES, (B) SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 Page 5 of 25 4857-0885-5461.8 VERIFICATION OF SUCH INFORMATION, (C) ALL SUCH INFORMATION HAS BEEN AND SHALL BE PROVIDED SOLELY AS AN ACCOMMODATION TO BUYER, AND SELLER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION, AND (D) SELLER IS NOT, AND SHALL NOT BE, LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENT, REPRESENTATION OR INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION OR CONDITION THEREOF, FURNISHED BY OR ON BEHALF OF SELLER OR ANY CONSULTANT, ADVISOR, ATTORNEY, REAL ESTATE BROKER, CONTRACTOR, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON, EXCEPT FOR THE EXPRESS REPRESENTATIONS MADE SELLER IN SECTION 5.1 ABOVE. EFFECTIVE UPON CLOSING, BUYER HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVES AND RELEASES ANY AND ALL ACTUAL OR POTENTIAL CLAIMS, DAMAGES, CAUSES OF ACTION, DEMANDS OR RIGHTS AGAINST SELLER, DIRECT OR INDIRECT, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, THAT IT NOW HAS OR THAT MAY ARISE IN THE FUTURE BECAUSE OF OR IN ANY WAY GROWING OUT OF OR CONNECTED WITH THIS AGREEMENT AND THE PROPERTY, INCLUDING, WITHOUT LIMITATION, (i) THE CONDITION OF THE PROPERTY (ii) ANY CONDITION OF ENVIRONMENTAL CONTAMINATION OR POLLUTION AT THE PROPERTY, HOWEVER AND WHENEVER OCCURRING, INCLUDING WITHOUT LIMITATION, THE CONTAMINATION OR POLLUTION OF ANY SOILS, SUBSOIL MEDIA, SURFACE WATERS AND GROUNDWATERS AT THE PROPERTY, PETROLEUM PRODUCTS, ASBESTOS, LEAD-BASED PAINT, MOLD, AND FUNGI; (iii) TO THE EXTENT NOT ALREADY INCLUDED IN (ii) ABOVE, THE PRIOR, PRESENT OR FUTURE EXISTENCE, RELEASE OR DISCHARGE, OR THREATENED RELEASE, OF ANY HAZARDOUS MATERIALS AT THE PROPERTY, HOWEVER AND WHENEVER OCCURRING; (iv) THE VIOLATION OF, OR NON-COMPLIANCE WITH, ANY APPLICABLE LAWS, INCLUDING, WITHOUT LIMITATION ENVIRONMENTAL LAWS, NOW OR HEREAFTER IN EFFECT, HOWEVER OR WHENEVER OCCURRING (COLLECTIVELY, "CLAIMS"), EXCEPT (A) SELLER'S BREACH OF THE REPRESENTATIONS AND WARRANTIES EXPRESSLY CONTAINED IN SECTION 5.1 OF THIS AGREEMENT, AND (B) SELLER'S BREACH OF ANY COVENANT OR OTHER OBLIGATION CONTAINED IN THIS AGREEMENT WHICH EXPRESSLY SURVIVE THE CLOSING. AS USED HEREIN, "SELLER PARTIES" SHALL INCLUDE SELLER AND EVERY ENTITY AFFILIATED WITH SELLER AND ALL OF ITS AND THEIR RESPECTIVE PARTNERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS AND INDEPENDENT CONTRACTORS AND THE SUCCESSOR OF EACH AND EVERY ONE OF THEM. AS PART OF THE PROVISIONS OF THIS SECTION, BUT NOT AS A LIMITATION THEREON, BUYER HEREBY EXPRESSLY WAIVES ITS RIGHTS GRANTED UNDER CALIFORNIA CIVIL CODE SECTION 1542, AND ANY OTHER PROVISION OF LAW THAT PROVIDES A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT BUYER DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE EXECUTION DATE, WHICH IF KNOWN BY IT MUST HAVE MATERIALLY AFFECTED ITS DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 Page 6 of 25 4857-0885-5461.8 AGREEMENT TO RELEASE SELLER. THE PROVISIONS OF THIS ARTICLE ARE MATERIAL AND INCLUDED AS A MATERIAL PORTION OF THE CONSIDERATION GIVEN TO SELLER BY BUYER IN EXCHANGE FOR SELLER'S PERFORMANCE HEREUNDER. SELLER AND BUYER HAVE EACH INITIALED THIS ARTICLE TO FURTHER INDICATE THEIR AWARENESS AND ACCEPTANCE OF EACH AND EVERY PROVISION OF THIS ARTICLE VI. BUYER'S INITIALS: ___________ SELLER'S INITIALS: ___________ THE PROVISIONS OF THIS ARTICLE VI SHALL SURVIVE THE CLOSING. ARTICLE VII RELEASE RELEASE. BUYER, AS BUYER UNDER THIS AGREEMENT, MADE BY AND BETWEEN SELLER AND BUYER HEREBY GENERALLY RELEASES AND DISCHARGES SELLER AND ALL OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND ATTORNEYS, BOTH PRESENT AND PAST, OF AND FROM ANY AND ALL CLAIMS, DEBTS, LIABILITIES, OBLIGATIONS, AND CAUSES OF ACTION OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, BASED ON, ARISING OUT OF, OR CONNECTED WITH, EITHER DIRECTLY OR INDIRECTLY, THE PROPERTY, OR TO ANY LANDLORD/TENANT RELATIONSHIP BETWEEN BUYER AND SELLER. THIS GENERAL RELEASE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, AND THE UNDERSIGNED BUYER HEREBY WAIVES ANY AND ALL RIGHTS IT MAY HAVE UNDER THE PROVISIONS OF SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, AS NOW WORDED AND AS HEREAFTER AMENDED, WHICH SECTION PRESENTLY READS AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. IT IS UNDERSTOOD BY THE UNDERSIGNED BUYER THAT THE FACTS WITH RESPECT TO WHICH THIS GENERAL RELEASE IS GIVEN MAY HEREAFTER TURN OUT TO BE OTHER THAN OR DIFFERENT FROM THE FACTS IN THAT CONNECTION NOW KNOWN TO IT OR BELIEVED BY IT TO BE TRUE, AND IT THEREFORE EXPRESSLY ASSUMES THE RISK OF THE FACTS TURNING OUT TO BE SO DIFFERENT AND AGREES THAT THE FOREGOING GENERAL RELEASE SHALL BE IN ALL RESPECTS EFFECTIVE AND NOT SUBJECT TO TERMINATION OR RESCISSION BY ANY SUCH DIFFERENCE IN FACTS. THIS GENERAL RELEASE SHALL BIND ALL PERSONS OR BUSINESS ENTITIES CLAIMING ANY RIGHTS UNDER OR THROUGH BUYER WHETHER AS STOCKHOLDERS OR OTHERWISE. DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 Jc;J Page 7 of 25 4857-0885-5461.8 BUYER'S INITIALS: ___________ THE PROVISIONS OF THIS ARTICLE VII SHALL SURVIVE THE CLOSING. ARTICLE VIII ADMINISTRATIVE PROVISIONS 8.1 Notices. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and sent by United States mail, registered or certified mail, postage prepaid, return receipt requested, or by facsimile, or by personal delivery (by overnight courier or otherwise), and addressed as follows: If to Seller: Camino Carlsbad, LLC Attn: Brett Feuerstein 9968 Hibert Street, Suite 200 San Diego, CA 92131 Email: Brett@mesacenters.com Fax No. (858) 271-5161 If to Buyer: City of Carlsbad Real Estate Manager Attn: Curtis M. Jackson 3096 Harding Street Carlsbad, CA 92008 If such notices are sent by personal delivery (by overnight courier or otherwise), such notices, including notices of change of address for either party, or other communications shall be deemed delivered upon delivery. If sent by United States mail, registered or certified mail, postage prepaid, return receipt requested, such notices or other communications shall be deemed delivered upon delivery or refusal to accept delivery as indicated on the return receipt. 8.2 Brokers and Finders. In connection with the transactions contemplated by this Agreement (a) Seller hereby represents and warrants to Buyer that Seller has not, and shall not, incur any obligation to any third party for the payment of any broker's fee, finder's fee, commission or other similar compensation, and (b) Buyer hereby represents and warrants to Seller that Buyer has not, and shall not, incur any obligation to any broker or third party for the payment of any broker's fee, finder's fee, commission or other similar compensation. In the event of a claim for any broker's fee, finder's fee, commission or other similar compensation in connection herewith, Buyer, if such claim is based upon any agreement alleged to have been made by Buyer, hereby agrees to indemnify and hold Seller harmless from and against any and all liability, loss, cost, damage and/or expense (including, without limitation, reasonable attorneys' fees and expenses) which Seller may sustain or incur by reason of such claim, and Seller, if such claim is based upon any agreement alleged to have been made by Seller, hereby agrees to indemnify and hold Buyer harmless from and against any and all liability, loss, cost, damage and/or expense (including, without limitation, reasonable attorneys' fees and expense) which Buyer may sustain or incur by DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 Page 8 of 25 4857-0885-5461.8 reason of such claim. The provisions of this Section shall survive the execution and delivery (or termination) of this Agreement, the delivery of the Deed and the transfer of title. 8.3 Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, heirs, administrators and assigns, except that neither Buyer's nor Seller's interests under this Agreement may be assigned, encumbered or otherwise transferred whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of the other party which will not be unreasonably withheld or delayed. Notwithstanding the foregoing, (i) Buyer shall have the right to assign its rights under this Agreement to any entity controlled by or under common control (directly or indirectly) with Buyer which assumes Buyer's obligations hereunder in writing, provided, however, in no event shall Buyer's assignment of this Agreement relieve Buyer of any obligations under this Agreement, and (ii)Buyer and Seller shall have the right to assign its rights under this Agreement in connection with any tax deferred exchange under Internal Revenue Code Section 1031, provided, however, that in no event shall any such assignment of this Agreement relieve Buyer or Seller, as applicable, of any obligations under this Agreement. 8.4 Amendments, This Agreement may be amended or modified only by a written instrument executed by all of the parties hereto. 8.5 Continuation and Survival of Representations and Warranties. All representations and warranties by the parties contained in this Agreement or made in writing pursuant to this Agreement are intended to and shall remain true and correct as of the time of Closing, shall be deemed to be material, and shall survive the execution and delivery of this Agreement, the delivery of the Deed and transfer of title for a period of one hundred eighty (180) days following the Closing Date (the "Survival Period"). No claim for a breach of any representation or warranty of Seller will be actionable or payable if (i) Buyer does not notify Seller in writing of such breach and commence a "legal action" thereon within the Survival Period, or (ii) the breach in question results from or is based on a condition, state of facts or other matter which was actually known to Buyer prior to Closing. 8.6 Interpretation. Whenever used herein, the term "including" shall be deemed to be followed by the words "without limitation". Words used in the singular number shall include the plural, and vice versa, and any gender shall be deemed to include each other gender. The captions and headings of the Articles and Sections of this Agreement are for convenience of reference only, and shall not be deemed to define or limit the provisions hereof. 8.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue in San Diego County, California. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 Page 9 of 25 4857-0885-5461.8 8.8 Merger of Prior Agreements. This Agreement, including the exhibits hereto, constitutes the entire agreement between the parties with respect to the transaction contemplated hereby and supersedes all prior agreements and understandings between the parties hereto relating to the subject matter hereof. 8.9 Time of the Essence. Time is of the essence of this Agreement. 8.10 Election of Remedies. Except as otherwise provided in this Agreement, no right or remedy conferred upon Buyer or Seller in this Agreement is intended to be exclusive of any other right or remedy contained herein or now or hereafter available to Buyer or Seller at law or in equity, and every such right and remedy shall be cumulative and shall be in addition to every other right or remedy contained in this Agreement or now or hereafter available to Buyer or Seller at law or in equity. The provisions of this Section 8.10 shall survive the Closing or the earlier termination of this Agreement. 8.11 Authority. The parties signing below represent and warrant that they have the requisite authority to bind the entities on whose behalf they are signing. 8.12 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument. 8.13 No Third Parties Benefited. This Agreement is made and entered into for the benefit of Seller and Buyer, their successors and permitted assigns, and no other person or entity shall have any rights hereunder. 8.14 Severability. The invalidity or unenforceability of any one or more of the provisions of this Agreement shall not affect the validity of enforceability of any of the other provisions of this Agreement. 8.15 Exhibits and Schedules. The exhibits and schedules attached to this Agreement are hereby incorporated by reference. BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 4857-0885-5461.8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. Seller: CAMINO CARLSBAD, LLC, a California limited liability company By: Brett Feuerstein, Managing Member Buyer: THE CITY OF CARLSBAD, a California municipal corporation By: Keith Blackburn, Mayor Approved as to Form: CINDIE K. MCMAHON, City Attorney By: Assistant City Attorney DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 bvtH f wu-sfulA, 4857-0885-5461.8 LIST OF EXHIBITS A: Legal Description of Property B: Form of Deed C: Form of Temporary Construction Easement DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 EXHIBIT "A" (Page 1 of 3) APN 209-060-58 4857-0885-5461.8 DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 EXHIBIT"A" RIGHT-OF-WAY ACQUISITION APN 209-060-58 THAT PORTION OF LOT "E" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A BRASS DISC STAMPED "LS 6215" SHOWN AS POINT NO. 105 ACCORDING TO RECORD OF SURVEY MAP NO. 17271 FILED IN THE OFFICE OF THE COUNTY RECORDER ON FEBRUARY 8, 2002 WHICH BEARS NORTH 68°14'31" WEST 7549.60 FEET FROM A BRASS DISC STAMPED "LS 6215" SHOWN AS POINT NO. 108 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 70"54'36" EAST 2648.79 FEET TO THE SOUTHWEST CORNER OF PARCEL 4 OF A DEED IN FAVOR OF CAMINO CARLSBAD, LLC RECORDED FEBRUARY 4, 2003 AS DOC. NO. 2003-0130230 OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 66°36'50" EAST 61.71 FEET TO THE POINT OF CUSP OF A TANGENT 5500-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 23°23'10" WEST; 2. THENCE LEAVING SAID NORTHEASTERLY LINE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 96°34'46" A DISTANCE OF 92.71 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 4; 3. THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 4 SOUTH 29°57'56" WEST 61.71 FEET TO THE TRUE POINT OF BEGINNING. AREA= 844 SQUARE FEET, MORE OR LESS (BASED ON GROUND DISTANCES). SEE EXHIBIT "B" ATTACHED AND BY REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, NAD83, EPOCH 1991.35. DIVIDE DISTANCES SHOWN BY 0.99996244 TO OBTAIN GROUND DISTANCES. 7-19-2022 PAGE 1 OF 1 EXHIBIT "A" (Page 2 of 3) APN 209-060-58 4857-0885-5461.8 DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 EXHIBIT "B" 0 150 300 600 AT POINT f105 PER ROS 17271 CONVERGENCE ANGlE= -00"34'32.469" COMB. SCALE FACTOR= 0.99996244 ~ NGVD 29 ELEV= 45.41' 1\.0) "- "-Q:' I I I I I ,..~4 "I c, 'I-re~'_,,. f lv" N 6. ----. 8.,1-'J;:. --------- ~ q__"<: I I APN 209-060-58 LAND PER DD1 I I RANCHO AGUA HEDIONDA MAP 823 I • I. ROS 6570 ~I.F 1-11-99 ~\-----------....:..:r ,,., :Jc--------- P.O.B. B,4s/fs.B0--:i, 'I.____ PT 105 PER Qi bC/?10 ----.----. ROS 17271 d(,4~ 154----.----.----. N 1999466.124 :.',VG$ 9.8/J• ----. ----. E 6241021.960 Cf?ot,'NQ ~ PT 108 PER _/ ROS 17271 N 1999466.124 E 6241021.960 LEGEND POR LOT 1~ / CARLSBAD TRACT NO. 83-36 UNIT NO. 1 MAP 11 242 ~"0 ~ ~IGHT-OF-WAY ACQUISITION (ACQ) .... t:>._,~_.,___._ "-.,~..... AREA = 844 SQ. FT., MORE OR LESS ~//,1 rEMPORARY ACCESS EASEMENT (TCE) ~r_~,,e__~,/ __ ~ ,u~ AREA = 1,242 SQ. FT., MORE OR LESS P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING &, CONTROL POINT PER ROS 17271 E1 SEE EASEMENT LEGEND ON.. SHEET 2 DD1 DEED TO CAMINO CARLSBAD, LLC REC. 2/4/2003 AS DOC. NO. 2003-0130230 O.R. SHEET 1 OF 2 SHEETS REVISED BY: DATE: CITY OF CARLSBAD SCALE 1· = 300' DRAWN BY: KA DATE: 7-19-2022 EL CAMINO REAL STREET IMPROVEMENTS DOC. NO. CHECKED BY: JR DATE: 7-19-2022 APN 209-060-58 OWG. NO. APPROVED BY: DATE: Qv.,,jER: CAMINO CARLSBAD, LLC EXHIBIT "A" (Page 3 of 3) APN 209-060-58 4857-0885-5461.8 DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 EXHIBIT •e• (SHEET 2 OF 2) I CURVE TABLE PM 17985 CURVE NO. DELTA RADIUS LENGTH PAR. I E1 C1 96'34'46" 55.00' 92.71' '&~ ~ PAR. 2 C2 93'25'58" 55.00' RANCHO AGUA HEDIONDA MAP 823 POR . LOT "[" APN 209-060-58 LAND PER DD1 89.69' EASEMENT LEGEND E1 A TEMPORARY CONSTRUCTION EASEMENT IN FAVOR OF THE CITY OF CARLSBAD REC. 9/29/2000 AS DOC. NO. 2000-0523120 O.R. E2 5' WATER PIPELINE EASEMENT IN FAVOR OF PAUL ECKE 1/11/1954 IN BK. 5108, PG. 328 O.R. NOTE: THE RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY OF A COUNTY HIGHWAY GRANTED IN DEED REC. 1/5/1938 IN BK. 727, PG.441 O.R. IS NOT PLOTTABLE. ,,, 00 8 'k-v AT POINT f105 PER ROS 17271 -===-- ~<,; CONVERGENCE ANGLE= -00'34'32.469" ~ ,,_9"' COMB. SCALE FACTOR= 0.99996244 o f;S" NGW 29 ELEV= 45.41' 20 40 80 SHEET 2 OF 2 SHEETS REVISED BY: DATE: CITY OF CARLSBAD SCALE 1· = 40' DRAWN BY: KA DATE: 7-19-2022 EL CAMINO REAL SlREET IMPROVEMENTS DOC. NO. CHECKED BY: ~ DATE: 7-19-2022 APN 209-060-58 OWNER: CAMINO CARLSBAD, LLC DWG. NO. APPROVED BY: DATE: EXHIBIT "B" (Page 1 of 5) APN 209-060-58 4857-0885-5461.8 FORM OF DEED 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 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor's Parcel No.: 209-060-58 Documentary transfer tax is $0.00 Project ID: CIP 6094 ( ) computed on full value of property conveyed, or Related Project ID: DWG No. 529-1 ( ) computed on full value less value of liens and Related Project ID: encumbrances remaining at time of sale. Project Name: El Camino Real ( ) Unincorporated area: (x) City of Carlsbad, and Widening from Sunny Creek Rd to Jackspar Dr. GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Camino Carlsbad, LLC hereby GRANTS, in fee simple, to the City of Carlsbad, a Municipal Corporation, for public purposes, including but not limited to street, highway, sewer, drainage, public utilities, and public access, in, upon, over, under, along and across the same, all that real property situated in the City of Carlsbad, County of San Diego, State of California, described by the attached Exhibit "A" and depicted in Exhibit "B". Subject to: 1.Nondelinquent taxes and assessments; and 2.All matters of record or visible from an inspection of the property or which an accurate survey of the property would disclose. (SIGNATURES ON FOLLOWING PAGE) DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 EXHIBIT "B" (Page 2 of 5) APN 209-060-58 4857-0885-5461.8 DATED: _____________________, 2024 OWNER: Camino Carlsbad, LLC By: (Sign Here) (Print Name Here) (Title) DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 EXHIBIT "B" (Page 3 of 5) APN 209-060-58 4857-0885-5461.8 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 ) On ______________________________ before me, _________________________________, 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 ________________________ (Seal) DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 EXHIBIT "B" (Page 4 of 5) APN 209-060-58 4857-0885-5461.8 EXHIBIT "A" LEGAL DESCRIPTION DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 EXHIBIT "B" (Page 5 of 5) APN 209-060-58 4857-0885-5461.8 EXHIBIT "B" DEPICTION OF EASEMENT DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 EXHIBIT "C" (Page 1 of 6) APN 209-060-58 4857-0885-5461.8 FORM OF TEMPORARY CONSTRUCTION EASEMENT 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 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor's Parcel No.: 209-060-58 Documentary transfer tax is $0.00 Project ID: CIP 6094 ( ) computed on full value of property conveyed, or Related Project ID: DWG No. 529-1 ( ) computed on full value less value of liens and Related Project ID: encumbrances remaining at time of sale. Project Name: El Camino Real ( ) Unincorporated area: (x) City of Carlsbad, and Widening from Sunny Creek Rd to Jackspar Dr. GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Camino Carlsbad, LLC 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 ("Grantee") a non-exclusive TEMPORARY CONSTRUCTION EASEMENT for the purpose of constructing the El Camino Real Widening Project, a public project (the "Project"), and gives City, its successors and assigns, including City's contractor(s), the power to perform all activities in the Easement Area that are necessary for the construction and completion of the Project, inclusive of ingress and egress, and necessary appurtenances thereto, in, over, across, along, through and under the Property and incidents thereto, but only within the bounds of said easement area (the "Easement Area") as described in Exhibit "A", consisting of two (2) pages, attached hereto and made a part hereof, and Exhibit "B" consisting of two (2) pages is attached hereto for clarity only. If any lien shall be filed against the Grantor's Property in connection with the performance of any work performed by or on behalf of the Grantee, then the Grantee shall, at its sole cost and expense, cause the lien to be discharged or bonded over within thirty (30) days following the written notice of same. Grantee shall indemnify, defend, protect and hold the Grantor harmless from and against any and all claims, expenses, liabilities, loss, damage and costs, including any actions or proceedings in connection therewith and including reasonable attorneys' fees (collectively, "Claims"), arising or resulting from work performed by or on behalf of Grantee on or about the Easement Area and/or the negligence or willful act or omission of, or the breach of this TEMPORARY CONSTRUCTION EASEMENT or any applicable laws by, Grantee or any party for which Grantee is responsible. If Grantor or Grantee hereto shall bring an action or proceeding (including, without limitation, any cross-complaint, counterclaim or third party claim) against the other by reason of the breach or alleged violation of any covenant, term or obligation hereof, or for the enforcement or interpretation of any provision of this TEMPORARY CONSTRUCTION EASEMENT, the prevailing party in such action or proceeding (as determined by a final judgment) shall be entitled to its costs and expenses of suit, including but not limited to reasonable attorneys' fees, which shall be payable whether or not such DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 EXHIBIT "C" (Page 2 of 6) APN 209-060-58 4857-0885-5461.8 action is prosecuted to judgment. The provisions of this paragraph shall survive the termination of this TEMPORARY CONSTRUCTION EASEMENT. It is understood that said TEMPORARY CONSTRUCTION EASEMENT shall expire on the date that is two hundred seventy (270) days following the commencement of work on the Project, but in any event no later than (i) January 31, 2026, or (ii) completion of the Project, whichever occurs first. At the earlier of the expiration of the Temporary Construction Easement or completion of the Project, City shall restore the Easement Area and any other affected Property to substantially the same condition as existed before construction, unless otherwise agreed to by the Grantor, in the Grantor's sole discretion. Upon such termination, if requested by the Grantor, Grantee will execute and record a termination of easement to confirm the termination of said TEMPORARY CONSTRUCTION EASEMENT. The provisions of this paragraph shall survive the termination of this TEMPORARY CONSTRUCTION EASEMENT. (SIGNATURES ON FOLLOWING PAGE) DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 EXHIBIT "C" (Page 3 of 6) APN 209-060-58 4857-0885-5461.8 DATED_______________, 2024 OWNER: Camino Carlsbad, LLC By: (Sign Here) (Print Name Here) (Title) Grantee: THE CITY OF CARLSBAD, a California municipal corporation By: Keith Blackburn, Mayor THE CITY OF CARLSBAD, a California municipal corporation By: Keith Blackburn, Mayor Approved as to Form: CINDIE K. MCMAHON, City Attorney By: Assistant City Attorney CINDIE K. MCMAHON, City Attorney By: Assistant City Attorney DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 EXHIBIT "C" (Page 4 of 6) APN 209-060-58 4857-0885-5461.8 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 ) On ______________________________ before me, _________________________________, 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 ________________________ (Seal) DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 EXHIBIT "C" (Page 5 of 6) APN 209-060-58 4857-0885-5461.8 EXHIBIT "A" LEGAL DESCRIPTION DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3 EXHIBIT "C" (Page 6 of 6) APN 209-060-58 4857-0885-5461.8 EXHIBIT "B" DEPICTION OF EASEMENT DocuSign Envelope ID: 63A755D8-1C8D-48DA-BB18-57CAEBDD5AA3