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HomeMy WebLinkAbout6107; Creagh, Eric W and Creagh, Theresa L; The Creagh Family Trust; 2024-0127373: EasementRECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT DOC# 2024-0127373 111111111111 lllll 111111111111111 lllll 111111111111111111111111111111111 May 21 , 2024 11 :30 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins: $0.00) PCOR N/A PAGES: 4 The undersigned grantor(s) declare(s): SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor 's Parcel No.: 208-060-50-00 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 6107 _.;;...;__.;;._;_;:...c,_ _____ _ Related Project ID: _________ _ Related Project ID: _________ _ Project Name: Slope Repair between El Camino Real and Trieste Drive GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR GOOD AND VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, ERIC W. CREAGH and THERESA L. CREAGH, trustees of the Creagh Family Trust ("Granters"), 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, located at 4235 Trieste Drive, Carlsbad, California 92010, also identified as Assessor's Parcel Number 208-060-50-00 (the "Easement Area"), for the purpose of repairing the slope between El Camino Real and Trieste Drive, Capital Improvement Project No. 6107, 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 March 31 , 2025, 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. (SIGNATURES ON FOLLOWING PAGE) In witness whereof, granters have caused this Grant of Temporary Construction Easement to be executed as of ~L-'3 ,2024. GRANTORS: ERIC W. CREAGH AND THERESA L. CREAGH, EES OF THE EAGH FAMILY TRUST By: By: (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER($) --,f-----,,,---":...a,::_-=--r,....-------.-,-~.i--------MUST BE ATTACHED.) V' ( C, V' /} /\~ / NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE --1_,L..L......c.L=:;_~:;::.....~~~..!'~!::.od1.a;,: "-.4---11LlL.l,.__ SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR (Print Name Here) CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS (Title) 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 -=-...c....>..-.,.._;c:..\,.+.,-,,.f--r-J-=r--~------AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. ]~§~~~_9~~~~±::_ ____ IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (Title) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: ~ /t'. Hc,,M~ 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 validitv of that document. ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF Seic D: e~o ) =.:...:.==---....:....:..:.-C=o=-bi=a"-'n,, Notary Public, personally appeared ~.!....!...~~..1....1...u:~!fQ.--.'4,.1:U6---!-=:..!.~~~:-..L..~~~~-• who proved to me on the basis of satisfactory evidence to be Jb_e ~-ribed to the within instrument and acknowled to me that-mifsha: executed the same i e he· uthorized capacity(ies), and that by • heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ace , 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) SHEILA R. COBIAN Not.try Pubiic • California San Diego co~nty i Commission :f 2393059 My Comm. Expires Feb 6, 2026 CERTIFICATION FOR ACCEPTANCE OF DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant • Deed , dated April 3, 2024, from Eric W. Creagh and Theresa L. Creagh, 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: April 15, 2024 ~ CilJMA Ana Marie Alarcon, CMC Deputy City Clerk (SEAL)