HomeMy WebLinkAbout6107; DePretis, Mark William and DePretis, Nansea Anne; The DePretis Family Trust; 2024-0127374: 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
DOC# 2024-0127374
111111111111 lllll 11111 1111111111111111111111111 IIIII IIIII IIIII IIII IIII
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.: 208-060-49-00
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: _C-'--IP-'6'-1..;..07 _____ _
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,
MARK WILLIAM DEPRETIS and NANSEA ANNE DEPRETIS, trustees of the DePretis 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 Granters'
real property, located at 4245 Trieste Drive, Carlsbad, California 92010, also identified as Assessor's Parcel
Number 208-060-49-00 (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 Granters.
(SIGNATURES ON FOLLOWING PAGE)
In witness whereof, granters have caused this Grant of Temporary Construction Easement to be executed as of
~· I .3 , 2024.
By: (NOT ARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S)
~b.£....----r,,~~=,---------MUST BE ATTACHED.)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE
----~~~,........c-----.~-=;c-------SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR
A.,, J\ ""'A(P~nl(t Na~, uere,)A,l,A oc0Rcr1e CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY
, ... f""\IT • '\. "· .,, '-r c; 1 > A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS
(Title)
1gn ere
THAT IS SIGNED BY THE SECRETARY OR ASSISTANT
SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL
SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN
BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT
AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS
By ~h ~{~ (Print Name Here) EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS
D PR ~ S WITH RESPECT THERETO. AKA NANS€.A ANNi;: 1 f: c,t
(Tttle)
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
BY: ~ /t . Mu--l~
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 s°'l"\ D, eta
ACKNOWLEDGEMENT
On April 3, Cobian, Notary Public, personally appeared
k. Lo · 11\'()ANI 1 -e. ' who proved to me on the basis of satisfactory
evidence to be th~on(s) whose name( • re scribed to the within instrument and acknowle~<i.._
to me tha~xecuted the same i~uthorized capacity(ies), and that byt11slt1er~
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.
Signatur~~ 1~ (Seal)
.-~~ ~,. SHEILA R. COBlAN f
• ; 'lotary Public • C.1iifornia
. ·! San Diego County !
Commission :f 2393059 -
Y 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 Mark William Depretis and Nansea Anne
Depretis, 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
Ana Marie Alarcon, CMC
Deputy City Clerk
(SEAL)