HomeMy WebLinkAbout6094; Camino Carlsbad, LLC; 2024-0143414: 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# 2024-0143414
111111111111ll1111111111111111111111111111111111111111111111111111 1111
Jun 07, 2024 09:04 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PCOR: N/A
PAGES: 9
The undersigned grantor(s) declare(s):
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No.: 209-060-58 -=::...::......::..=..c::......::....::._ ___ _
Documentary transfer tax is $0.00
( ) computed on fu ll 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:..;0;...;;9...c.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 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 Granter 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 Granter 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 th is
paragraph shall survive the termination of this TEMPORARY CONSTRUCTION EASEMENT.
(SIGNATURES ON FOLLOWING PAGE)
OWNER: Camino Carlsbad, LLC
By:
DATED
(Print Name Here) ....
t'h,AC, 9' "q ~ ....... L ....
cfit1e)
Grantee: THE CITY OF CARLSBAD,
::.•lifllFI co~oration
Ke h Blackburn,
Mayor
Approved as to Form:
CINDIE K. MCMAHON,
City A
h-vtL. 1 "8 . 2024
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 TRU E 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
J
PAGE 1 OF 1
EXHIBIT
0 150 300 600
AT POINT f1 05 PER ROS 17271
CONVERGENCE ANGLE= -00•34'32.469•
COMB. SCALE FACTOR= 0.99996244 ~
NGVD 29 ELEV= 45.41' 1\0) "--
"--Q:-"
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0 ~
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10
t'3 u
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I APN 209-060-58
LAND PER DD1
I
I
RANCHO AGUA
HEDION DA
MAP 823
I
ROS 6570 . '· ,1-'J ,.in
1--11--g g
,,,j,
"\\)4"'°~ c., 'l,'o /
i "IV"
~r-------~ N ......_ Be-,.,,......_ ..,. ".11• ................ ,., 7: ................
P.O.B. 8~St':s49.6o')., 1..._
PT 105 PER Qc-b0Rtl) ......_ ......_
ROS 17271 dJ:" A--7'54. ......_ ......_
N 1999466.124 "'"l'fl(/,VG's 9.B(J, ......_ ......_ ......_
E 6241021.960 ' ~
PT 108 PER _/
ROS 17271
N 1999466.124
E 6241021.960
"B"
LEGEND
POR LOT 1;---
/
CARLSBAD TRACT NO.
83 -36 UNIT NO . 1
MAP 11242
~~ RIGHT-OF-WAY ACQUISITION {ACQ)
... ~ .... ,~ ..... ,~__.._,...::::::!..... AREA = 844 SQ. FT., MORE OR LESS
~m TEMPORARY ACCESS EASEMENT (TCE) r_~~~ 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: ~ DATE: 7-19-2022 APN 209-060-58
OWNER: CAMINO CARLSBAD, LLC DWG. NO.
APPROVED BY: DATE:
PAR. 1
'---..
I • ~
I
EXHIBIT •B• (SHEET 2 OF 2)
CURVE TABLE
PM 17985
&(ij
/,)
~-r.-,iS-q:,·
CURVE NO. DELTA RADIUS LENGlH I E1 C1 96"34' 45• 55.00' 9271'
C2 93"25'58· 55.00' 89.69'
PAR . 2
~olJ..:>a• ' ,,.
'' t-iV RANC HO AGUA
HEDIO NDA
MAP 823 .
EASEMENT LEGEND
POR . LOT "E"
APN 209-060-58
LAND PER DD1
"--
E1 A TEMPORARY CONSlRUCllON EASEMENT IN FAVOR OF lHE CITY OF CARLSBAD
REC. 9/29/2000 AS DOC. NO. 2000-0523120 O.R.
E2 5' WAlER PIPELINE EASEMENT IN FAVOR OF PAUL ECKE 1/11/1954 IN BK. 5108,
PG. 328 O.R.
NOTE: lHE RIGHT TO EXlEND DRAINAGE SlRUCTURES AND EXCAVATION AND
EMBANKMENT SLOPES BEYOND lHE LIMITS OF lHE RIGHT OF WAY OF A
COUNTY HIGHWAY GRANlED IN DEED REC. 1/5/1938 IN BK. 727, PG.441 O.R. IS
NOT PLOTTABLE.
AT POINT #105 PER ROS 17271
CONVERGENCE ANGI.£= -00"34'32.469• ._I __
COMB. SCALE FACTOR= 0.99996244 O 20
NGVD 29 ELEV= 45.41' 40 80
SHEET 2 OF 2 SHEETS
REVISED BY: DATE: CITY OF CARLSBAD SCA~!= 40'
a.:.D--RA--WN __ B:..:,Y_: __;_;K:..:..A ----1-D::.:..A..:.:TE.:....: 7-----19=--=20=22=-t-_E_L _C_A_M_IN_O_R_EA_L_S_TR_E_E_T_I_M_P_R_OVE_M_E_N_TS--1 DOC. NO.
CHECKED BY: ~ DATE: 7-19-2022
APPROVED BY: DATE:
APN 209-060-58
OWNER: CAMINO CARLSBAD, LLC DWG. NO.
CALIFORNIA ALL-PURPOSE
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A ootasy public or other officer completing this certificate verifies only the identity
of the individual W'ho signed the document to which this cemricate is attached.
and not the truthfulness. acruracy. or validity of that oocument
}
County of ~('\ \J1 e< ,o } 6 .
on Ht-4.✓v~ V:3 J-()1-U. before me. ~eJ, f\ ~-~L~ E~.bl, L •
personally appeared f:xe.--::b 'fe..L)e../:A~o .
Who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subsatbed to the within instrument and admoWledged to me that
he/she/they executed the same in his/her/their authorized capaci:ly{ies). and that by
his/her/their signature(s) on the instrument the person(s). or the entity upon lbehaJf of
Which the person(s) acted. executed the instnunent
I certify under PENAL TY OF PERJURY under the laws of the state of Gafrfomia that
the foregoing paragraph is true and correct
WITNESS-my hand and official seal
~<~-----
Nowy Pi.mlic Signature (Natiry ~ Seal)
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Number of Pages __ DocwnentDafe. __ _
CAPACITY ClAlt,ED BY THE SIGN.ER
o ln<lviduaJ (s)
D Corporate Officer
(Tdle)
□ Partner(s)
D Attorney-in-Fact
o Trustee(s)
□ other ________ _
111111W.Nabryaas5e5.com 800-Sn.11865
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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.
State of California
County of San Diego
}
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On YI '1,,-j j 1,.,~ before me, Ana Alarcon, Notary Public
personally appeared \(_e,.1.~V\ ~( C..(, \-.\o~e(ns~meanauue01tne0111cerJ
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 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. l • ~ ;.._ • • • ANA ALARCON • • ' ~ ~ •~ COMM. #2333444 z ~ . Notary Public • California ~
~\~/ San Diego County ...
~Mv Comm. Expires Sep. 14, 2024F
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CERTIFICATION OF ACCEPTANCE AND CONSENT TO
RECORDATION OF GRANT DEED
This is to certify that the interest in real property conveyed by the Grant
Deed, dated June 6. 2024, from Camino Carlsbad . LLC to the City of
Carlsbad, California , a charter city and government agency, for a Grant of
Temporary Construction Easement is hereby accepted by the undersigned
agent on behalf of the City Council of the City of Carlsbad pursuant to
authority conferred by Ordinance No. NS-422, adopted by the City Council of
the City of Carlsbad on September 16, 1997, and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: June 61 2024
Dep y City Clerk
(SEAL)