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Home My WebLink About6094; Kelly Family Trust - Karen R. Kelly & Robert P. DiFiglia, Co-Trustees; 2024-0110046: Property 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# 2024-0110046 I llllll lllll lllll lllll llll llllll IIIII IIIII IIIII IIIII lll111111111111111 May 01, 2024 04:36 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR: NIA PAGES: 8 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.: _2_0'--'9_-0_6_0_-4_8 ____ _ Project ID: _C.::...cl:..:....P....:6c..c.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 ("Grantors"), 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_---"{_()_-'-(_1...;::6~/--• 2023. 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.) '-="c""-=:.<....::=+-J...1.--...:..........:........:....-41-_____ _ NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR 1--=:2..iLLL..._..l-!___....L.~--+-------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 AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. (Print Name Here f"[tg/lu By: (Print Name Here) 'Tlt.,U S: -,-£C" (Title) APPROVED AS TO FORM: CIND BY: 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. ACKNOWLEDGEMENT STATE OF CALIFORNIA ) couNTY oF Vln De.~~ On t t) ~t, ()-0.)-. ':) ' • • -rbfcx/¼-, Notary Public, personally appeared --.i-=::.=.:.-L.IJ..--L~....L...:lil.,.\,,~----------' 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. is& e a • o • e e ft ft e e Signature~~ (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1188 A notary public or other officer completing \his r.ert1f1cc1te venf,es anly the ,d~nt1ty ot tne 1r,dl',1dual 1:,ho s1gn':d ihe document to 1•,h1ch rh1s cercificate is attached. and no! rhe truthfulness accuracy or validity of that document. State of California County of ~~~\.E'~------- On a:;tof56£.. \I, 1"'l.o'1.") Date personally appeared before me. Here lnse,1 Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evicIence to be th~erson~ whose name,ie;us)are subscribed to the within instrument and acknowledged to me that&fshe/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. Place Notary Seal Abo'le 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 --~--A: ..... ~---,t---~-------- S1gn'3ture 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: ~!$ •~1"Z.4:"> Number of Pages: ~, Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Corporate Officer -Title(s): ______ _ Partner -Limited General Individual Trustee Attorney in Fact Guardian or Conservator Other: ______________ _ Signer Is Representing: _________ _ S:gner"s Name: _____________ _ Corporate Officer -Title(s): ______ _ Partner -Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: _______ _ C(,-<:,(, '<.:/. ,:.(,'C<,'C<,·C,,;(;<.,'C<,'!.:,(,'C<,« 'C<,'C<,~'C(,"<.:<.:'.'.._ ..;.;,_-..:,~ "-<. X..-.,'~~ .._,, .'0. '<..(. VY_,._,~""-Cy'C<,'{!(,'C(,-c(..'C<,-;_;,,'<;(. -..:<.,-0:,'C(,'<:::(,'Q,X:.• ;l:.(,'<..<_~..,.:.(,~ '.G2015 National Notary Association· w•.1vw.NationalNotary 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 209-060-48 7-19-2022 PAGE 2 OF 2 EXHIBIT 0 150 300 600 AT POINT 1105 PER ROS 17271 CONVERGENCE ANGLE= -00'34'32.469• COMB. SCALE FACTOR= 0.99996244 NGVD 29 ELEV= 45.41' LEGEND RANCHO AGUA HEDIONDA MAP 823 POR. LOT "B " 111 I I 11 RIGHT-OF-WAY ACQUISITION .............................. AREA = 1,557 SQ. FT., MORE OR LESS ~ 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 SEE EASEMENT LEGEND ON.. SHEET 2 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. "B" f---- ------- ~ CARLSBAD TRACT NO. 83-36 UNIT NO. 1 MAP 11242 LOT 11 -- SHEET 1 OF 2 SHEETS REVISED BY: DRAWN BY: KA CHECKED BY: JR APPROVED BY: DATE: CITY OF CARLSBAD SCA~~= 300' DATE: 7-19-2022 EL CAMINO REAL STREET IMPROVEMENTS __ _.;__.:..::._r------------------; DOC. NO. DATE: 7-19-2022 DATE: APN 209-060-48 OWNER: THE KELLY FAMILY TRUST DATED OCTOBER 27, 1982, AS AMENDED AND RESTATED ON NOVEMBER 23, 2005 DWG. NO. L1 L2 L3 L4 L5 L6 L7 LB L9 LtO 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 50' ROAD AND UTILITY EASEMENT IN FAVOR OF THE RECORD O~ERS 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. NOTES: THE RIGHTS TO USE ALL ROADS AND RIGHTS Of WAY TOGETHER WITH THE RIGHT AND EASEMENT TO INSTALL POt.ES, WIRES, PIPES, OR SIMILAR STRUClURES ALONG SAID RIGHTS OF WAY IN FAVOR OF EDWARD KELLY, JAMES KELLY, ROBERT S. KELLY, ALICE K. MORRISON, AND UWE KELLY ORTEGA, AND THEIR RESPECTI't£ SUCCESSORS AND ASSIGNS REC. 6/29/1936 IN BK. 541, PG. 244 O.R. IS NOT PLOTTABLE. THE RIGHT TO EXTEND DRAINAGE STRUClURES AND SLOPES IN FAVOR OF THE 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 A~.= 60, KA DATE: 7-19-2022 EL CAMINO REAL STREET IMPROVEMENTS __ ___:..:....r------------------i DOC. NO. JR DATE: 7-19-2022 DATE: APN 209-060-48 Ov.t-lER: THE KELLY FAMILY TRUST DAlED OCTOBER 27, 1982, AS AMENDED AND RESTATED ON NO't£MBER 23, 2005 OWG. NO. 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 The Kelly Family Trust, Karen R. Kelly and Robert P. Di Figlia to the City of Carlsbad , California, a charter city and government agency, for a Grant Deed 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 6, 2024 Deputy City Clerk (SEAL)