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Home My WebLink About6094; Sunny Creek Development Partners LP; 2024-0125200: EasementRECORDING REQUESTED FOR TH E BEN EF IT OF T HE CITY OF CARLSBAD WH E N RECORDED MAIL TO : City Cle rk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad , CA 92008 MAI L TAX EX E MP T STATEMENTS TO : EX EMPT DOC# 2024-0125200 111111111 111 ll 11111111 111111111! lllll ll lll 1111111111 11111 11111 11111 111 Ma y 17 , 2024 03 :36 PM OFFICIAL RECORDS JORDAN Z MARKS , SAN DIEGO COUNTY RECORDER FEES $0 00 (S82 Atkins $0 00) PAGES 7 The undersigned grantor(s) declare(s): SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor 's Parce l No ,: 209-090 -11 Documentary transfe r 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 safe . ( ) Unincorporated area: (x) C ity of Carlsbad , and ----------Project ID: CIP 6094 ----------Re I ate d Project ID: DWG No. 529 -1 Related Project ID : _________ _ Proj ect Name : El Camino Rea l Widening from Sunny Creek Rd to Jackspar Dr. GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR A VALUABLE CONS! DERATION , receipt of which is hereby acknowledged , unny Cree k De elopm nt Partn ers L P the owner of real property described herein located in the City of Carlsbad , San Diego County, Ca li fornia hereby GRANTS to City of Carlsbad , a Municipa l Corporation ("Grantee '') the following described real property in the City of Carlsbad , County of San D iego , State of California : Th is TEMPORARY CONSTRUCTION EASEMENT is for the purpose of construct ing t he El Camino Real Widening Project , a publ ic project (the "Project"), and g ives C ity , its successors and ass igns , including City 's contractor(s ), the power to perform all activities necessary for the construction and complet ion of the Project, inclusive of ingress and egress , and necessary appurtenances thereto , in , over, across , a long , through and under the Property and incidents the reto , w ithin the bounds of said easement as described in Exhibit "A", cons isting of two (2) pages , attached hereto and made a part hereof, and Exhib it "B" consist ing of two (2 ) pages is attached hereto for clarity only . It is understood that sa id TEMPORARY CONSTRUCTION EASEMENT shall exp ire on January 3 1 , 2026 , or completion of the proj ect , whichever occurs first. At the expirat ion of the Temporary Construction Easement, City shall restore the easement area to a cond ition substantially the same condition as ex isted before construction to the extent feas ible . unless othe,wise agreed to by the Grantor. (SIGNATURES ON FOLLOWING PAGE) DATED : OWNER: SUNNY CREEK DEVELOPMENT PARTNERS LP, a Delaware limited partnership By : By : Sunny Creek Developments , Inc .. General Partner (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) " NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY ~ ~ SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR ,9/2fe A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT -,-LI s SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL -l. 8 ~ rl 1A.AJTA.'-1 SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN -(Pnnt NameRere) BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORIIY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. <;....~Jku. ~('A...-~,.¥A -~ ~ftl~ ,,I 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 Gr~~- ACKNOWLEDGEMENT on -S, '2.0 ?,,07-JlA.VV\l~ &olc.. , Notary Public , persona y appeared _ ___,,,........,c.µ..J.........,_~ ....... =L...>.l..~-----------' who proved to me on the basis of satisfactory evidence to be the person ) whose nam9(s) is/are subscribed to the within instrument and acknowledged to me that ..b.§]she/they executed the same in his/her/their authorized capacity(i~ and that by his/her/their signature'6') on the instrument the persoiiZl), 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 ~,..,, ~ CctSk (Seal) JAMIE COOKE COMM . #2335041 I te,y Public · Cllilo,n,1 .. Oct .9,2DII EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 209 -090-11 THAT PORTION OF LOT 11 OF CARLSBAD TRACT NO . 83-36 UNI T NO. 1, SYCAMORE CREEK IN THE CITY OF CARLSBAD , COUNTY OF SAN DIEGO, STATE OF CALIFORNIA , ACCORDING TO MAP THEREOF NO. 11242, FIL ED IN T HE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 23 , 1985 , 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 SOUTHWEST CORNER OF SAID LOT 11 OF CARLSBAD TRACT NO . 83 -36 UNIT NO . 1, SYCAMORE CREEK IN THE CITY OF CARLSBAD , SAID POINT BEING TH E TRUE POINT OF BEGINNING ; 1. THENCE ALONG THE SOUTHWEST LIN E OF SAID LOT 11 SOUTH 52 °31 '09 " EAST 203 .11 FEET; 2. THENCE LEAVING SAID SOUTHWEST LINE NORTH 38 °01 '01 " EAST 12 .24 FEET; 3. THENCE NORTH 53 °18 '33 " WEST 164 .98 FEET; 4 . THENCE NORTH 00 °05 '49 " EAST 37 .23 FEET; 5. THENCE NORTH 10 °16'09" EAST 10 .75 FEET ; 6 . THENCE NORTH 79 °43 '51 " WES T 29 .78 FEET TO THE WES T ERLY LINE OF SAID LOT 11 ; 7. THENCE ALONG SAID WESTERLY LINE SOUTH 13 °33 '45 " WEST 38 .83 FEE T TO THE TRUE POINT OF BEGINNING. AR EA = 3,449 SQUARE FEET , MORE OR LESS (BASED ON GROUND DIS TANCES ). SEE EXHIBIT "8 '' 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, ZON E 6 , NAD83, EPOCH 1991 .35 . DIVIDE DISTANCES SHOWN BY 0.99996244 TO OBTAIN GROUND DISTANCES . 7-22-2022 J PAGE 1 OF 1 EXHIBIT "B" /---- 0 150 300 600 AT POINT f105 PER ROS 17271 CON~GENCE ANG!.£= -00'34'32.469• COMB. SCALE FACTOR= 0.99996244 / NGW 29 ELEV= 45.41' jE a: 0 z 0 0:: (.!) I') (0 l'J 0 P.O.B. PT 105 PER ROS 17271 N 1999466.124 E 6241021.960 -( RANCHO AGUA HEDIONDA MAP 823 POR. LOT "B" LEGEND 1///1 TEMPORARY CONSTRUCTION EASEMENT .__.._. __ ..,.__ _ __. AREA = 3,449 SQ. FT., MORE OR LESS P.O.B. POINT Of BEGINN ING T.P.O.B. TRUE POINT Of BEGINNING &, CONTROL POINT PER ROS 17271 El SEE EASEMENT LEGEND ON SHEET 2 ----- CARLSBAD TRACT NO. N 83-36 UNIT NO . 1 MAP 11242 LOT 11 APN 209-090-11 PT 108 PER ROS 17271 N 1999466.124 E 6241021.960 -- SHEET 1 Of 2 SHEETS REVISED BY: DA TE: CITY OF CARLSBAD SCA~~ = 300' J....DR_AW_N_B_Y: ____ KA _ ____J....:,D_A TE..:_: ___ 7_-2=2:_-2:.:0.=22:...J-_E_L_C_AM_I_N_O_R_E_A_L_S_TR_E_ET_IM_P_R_O_VE_M_E_N_T_S-----I DOC. NO. CHECKED BY: ~ DATE: 7-22-2022 APPROVED BY: DATE: APN 209-090-11 OWNER: WAL-MART STORES, INC. DWG. NO. ~ a:: 0 z Cl ~ C!) ,.., CX) (/) 0 0 0 EXHIBIT •B• (SHEET 2 OF 2) EASEMENT LEGEND E1 50' ROAD ANO 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. 4/30/1969 AS INST. NO. 74570 0.R. RANCHO AGUA HEDIONDA MAP 823 POR . LOT "B" NOTE: THE RIGHTS TO USE All ROADS AND RIGHTS OF WAY TOGETHER Vt1TH THE RIGHT AND EASEMENT TO INSTALL POLES, Vt1RES, PIPES, OR SIMILAR STRUCTIJRES ALONG SAID RIGHTS OF WAY IN FAVOR OF EDWARD KELLY, JAMES KELLY, ROBERT S. KELLY, ALICE K. MORRISON, AND UWE KELLY ORTEGA. AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS REC. 6/29/1936 IN BK. 541, PG. 244 O.R. IS NOT PLOTTABLE. I 20 N 79•43•~1• IV ,29.78' T.P.O.B. b SW COR. <. C LOT 11 :.ct~4'o Jf>e,( AT POINT f105 PER ROS 17271 CONVERGENCE ANGLE= -00"34'32.469• COMB. SCALE FACTOR= 0.99996244 NGW 29 ELEV= 45.41' 40 80 z ,.., l&J • 0, CARLSBAD _o -(0 ~t;; TRACT NO. o-83-36 -~ UNIT NO . 1 MAP 11242 LOT 11 APN 209-090-11 SHEET 2 OF 2 SHEETS REVISED BY: DATE: CITY OF CARLSBAD SCA~;= 40' 1-DR_A_WN_B_Y: __ KA_---11-o_A TE_:_7_-_22_-2_0_22--r_E_L_C_AM_I_N_O_R_E_A_L_S_TR_E_ET_IM_P_R_O_VE_M_E_N_T_S----1 Doc. No. CHECKED BY: JR DATE: 7-22-2022 APPROVED BY: DA TE: APN 209-090-11 OWNER: WAL-MART STORES, INC. DWG. NO. CERTIFICATION FOR ACCEPTANCE OF DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed , dated May 9, 2024 , from Sunny Creek Development Partners LP , to the City of Carlsbad , a Municipal Corporation , for a GRANT OF TEMPORARY CONSTRUCTION EASEMENT , is hereby accepted by the City Council of the City of Carlsbad , California , a Municipal Corporation , pursuant to Ordinance No. NS-422 , adopted on September 16, 1997 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED : May 9, 2024 Ana Marie Alarcon , CMC Deputy City Clerk (SEAL)