HomeMy WebLinkAbout; City of Carlsbad; 2008-0157070; EasementDQC# 2008-0157070
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
And
Bonnie Domiguez
Secretary
Friends of Carrillo Ranch Inc.
2622 El Aguila Lane
Carlsbad, CA 92009
ft
MAR 25, 2008 1:21 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 52.00
OC: NA
PAGES:15
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
Leo Carrillo Ranch Historic Park Preservation Easement
Leo Carrillo Ranch Historic Park
Historic Preservation Easement
THIS PRESERVATION EASEMENT DEED, made this ^ day of ~fec<Vr»<8cK., 20 of . by and
between the City of Carlsbad, California, the owner(s) of the property described below ("the Grantor City of
Carlsbad, California") and ("the Grantee Friends of Carrillo Ranch, Inc.)
WITNESSETH:
WHEREAS, The Grantor is owner in fee simple of certain real property located in Carlsbad, California,
more particularly described in Exhibit A and Exhibit B attached hereto and incorporated herein (hereinafter
"the Property"), said Property including the following structures (hereinafter "the Buildings" as applicable):
The principal structure is a barn; constructed of wood beams and planks, concrete and cobble, dating from
1937 (hereinafter "the Property").
WHEREAS, the Grantee is authorized to accept preservation easements to protect property significant in
national, state, local, and tribal history and culture under the provisions of California (hereinafter "the Act");
WHEREAS, because of its architectural, historic, and cultural significance the Property was listed in the
National Register of Historic Places on March 31,1992;
WHEREAS, the Grantor and the Grantee recognize the architectural, historic, and cultural values
(hereinafter "Preservation values") and significance of the Property, and have the common purpose of
preserving the aforesaid preservation values and significance of the Property;
WHEREAS, the Property's Preservation values are documented in a set of reports, drawings, and
photographs (hereinafter, "Baseline Documentation") incorporated herein by reference, which Baseline
Documentation the parties agree provides an accurate representation of the Property as of the effective date
of this easement;
WHEREAS, the grant of a preservation easement by the Grantor to the Grantee on the Property will assist in
preserving and maintaining the Property and its architectural, historic, and cultural features for the benefit of
the people of Carlsbad, the State of California, and the United States of America;
WHEREAS, to that end, the Grantor desires to grant to the Grantee, and the Grantee desires to accept, a
preservation easement (hereinafter, the "Easement") in gross for 50 years on the Property pursuant to the
Act.
NOW, THEREFORE, in consideration of the Save America's Treasures grant received from the National
Park Service and other good and valuable consideration, receipt of which is hereby acknowledged, and
pursuant to the requirements stipulated in Section 102 (a) (5) of the National Historic Preservation Act (16
U.S.C. 470 b), the Grantor does hereby voluntarily grant and convey unto the Grantee a preservation
easement in gross for 50 years over the Property described in Exhibit A.
1. Purpose. It is the Purpose of this Easement to ensure that the architectural, historic, and cultural
features of the Property will be retained and maintained for 50 years substantially in their current condition
for Preservation purposes and to prevent any use or change of the Property that will significantly impair or
destroy the Property's Preservation values.
2. The Grantor's Covenants:
2.1 Covenant to Maintain: The Grantor agrees at all times to maintain and repair the Buildings so as
to preserve the historical integrity of their features, materials, appearance, workmanship and environment.
Historical integrity shall be defined as those significant characteristics which originally qualified the
property for entry on the National Register of Historic Places. The Grantor's obligation to maintain shall
require replacement, repair, and restoration by the Grantor whenever necessary to preserve the Buildings.
Subject to the casualty provisions of paragraphs 7 and 8, this obligation to maintain shall require
replacement, rebuilding, repair, and restoration of the Buildings whenever necessary in accordance with The
Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR 68), as these may be
amended from time to time (hereinafter, the "Secretary's Standards").
2.2 Prohibited Activities. The following acts or uses are expressly forbidden on, over, or under the
Property, except as otherwise conditioned in this paragraph:
(a) the Buildings shall not be demolished, removed, or razed except as provided in paragraphs 7 and
8;
(b) nothing shall be erected or allowed to grow on the Property which would impair the visibility of
the Property and the Buildings from street level;
(c) the Property shall not be divided or subdivided in law or in fact and the Property shall not be
devised or conveyed except as a unit;
(d) no above-ground utility transmission lines, except those reasonably necessary for the existing
Buildings, may be created on the Property, subject to utility easements already recorded;
(e) subject to the maintenance covenants of paragraph 2.1 hereof, the following Building located
within the Property shall not be removed, demolished, or altered:
3. Conditional Rights Requiring Approval by the Grantee. Without the prior express written
approval of the Grantee, which approval may not be unreasonably withheld or conditioned, the Grantor shall
not undertake any of the following actions:
(a) increase or decrease the height of, make additions to, change the exterior construction materials
or colors of, or move, improve, alter, restore, or change the facades (including fenestration) and roofs of the
Buildings;
(b) change the floor plan of the Structure^); or
(c) erect any external signs or external advertisements except: (1) such as the plaque permitted
(but not required) under paragraph 19 of this easement; (ii) a sign stating solely the address of the property;
and (iii) a temporary sign to advertise the sale of the Property.
3.1 Review of the Grantor's Requests for Approval. The Grantor shall submit to the Grantee for the
Grantee's approval of those conditional rights set out at paragraph 3.0 information (including plans,
specifications, and designs where appropriate) identifying the proposed activity with reasonable specificity.
In connection therewith, the Grantor shall also submit to the Grantee a timetable for the proposed activity
sufficient to permit the Grantee to monitor such activity. The Grantor shall not undertake any such activity
until approved by the Grantee. The Grantee reserves the right to consult with governmental agencies,
nonprofit preservation organizations, and/or other advisors deemed appropriate by the Grantee, concerning
the appropriateness of any activity proposed under this easement. The Grantor shall make no change or take
any action subject to approval of the Grantee unless expressly authorized in writing by an authorized
representative of the Grantee.
4. Standards for Review. In exercising any authority created by the Easement to inspect the
Property to review any construction, alteration, repair, or maintenance; or to review casualty damage or to
restore or approve restoration of the Building following casualty damage, the Grantee shall apply the
Secretary of the Interior's Standards.
5. Public Access. The Grantor shall make the Property and interior of the Property accessible to the
public on a minimum of 12 days per year. At other times deemed reasonable by the Grantor persons
affiliated with educational organizations, professional architectural associations, and historical societies
shall be admitted to study the property. The Grantee may make photographs, drawings, or other
representations documenting the significant historical, cultural, and architectural character and features of
the property and distribute them to magazines, newsletters, or other publicly available publications, or use
them to fulfill its charitable and educational purposes.
The Grantor agrees to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000 (d)), the
Americans with Disabilities Act (42 U.S.C. 12204), and with Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794). These laws prohibit discrimination on the basis of race, religion, national origin, or
disability. In implementing public access, reasonable accommodation to qualified disabled persons shall be
made in consultation with the State Historic Preservation Office.
6. The Grantor's Reserved Rights Not Requiring Further Approval by the Grantee. Subject to the
provisions of paragraphs 2.1, 2.2, and 3.0, the following rights, uses, and activities of or by the Grantor on,
over, or under the Property are permitted by this Easement and by the Grantee without further approval by
the Grantee:
(a) the right to engage in all those acts and uses that: (1) are permitted by governmental statute or
regulation; (ii) do not substantially impair the preservation values of the Property; and (iii) are not
inconsistent with the Purpose of this Easement;
(b) pursuant to the provisions of paragraph 2.1, the right to maintain and repair the Buildings strictly
according to the Secretary's Standards. As used in this subparagraph, the right to maintain and repair shall
mean the use by the Grantor of in-kind materials and colors, applied with workmanship comparable to that
which was used in the construction or application of those materials being repaired or maintained, for the
purpose of retaining in good condition the appearance and construction of the Buildings. The right to
maintain and repair as used in this subparagraph shall not include the right to make changes in appearance,
materials, colors, and workmanship from that existing prior to the maintenance and repair without the prior
approval of the Grantee in accordance with the provisions of paragraphs 3.0 and 3.1;
(c) the right to continue all manner of existing use and enjoyment of the Property including but not
limited to the maintenance, repair, and restoration of existing structures and fences; the right to maintain
existing driveways, roads, and paths with the use of same or similar surface materials; the right to maintain
existing utility lines, gardening and building walkways and steps; the right to cut, remove, and clear grass or
other vegetation and to perform routine maintenance, landscaping, horticultural activities, and upkeep,
consistent with the Purpose of this Easement; and
(d) the right to conduct at or on the Property educational and nonprofit activities that are not
inconsistent with the protection of the preservation values of the Property,
7. Casualty Damage or Destruction. In the event that the Buildings or any part thereof be damaged
or destroyed by fire, flood, windstorm, hurricane, earth movement, or other casualty, the Grantor shall notify
the Grantee in writing within fourteen (14) calendar days of the damage or destruction, such notification
including what, if any, emergency work has already been completed. No repairs or restoration of any type,
other than temporary emergency work to prevent further damage to the Buildings and to protect public
safety, shall be undertaken by the Grantor without the Grantee's prior written approval. Within thirty (30)
calendar days of the date of damage or destruction, if required by the Grantee, the Grantor at its expense
shall submit to the Grantee a written report prepared by a qualified restoration architect and an engineer who
are acceptable to the Grantor and the Grantee, which report shall include the following:
(a) an assessment of the nature and extent of the damage;
(b) a determination of the feasibility of the restoration of the Buildings and/or restoration of
damaged or destroyed portions of the Buildings; and
(c) a report of such restoration work necessary to return the Buildings to the condition existing at the
date hereof.
8. Review after Casualty Damage or Destruction. If, after reviewing the report provided in
paragraph 7 and assessing the availability of insurance proceeds after satisfaction of any
mortgagee's/lender's claims under paragraph 9, the Grantor and the Grantee agree that die Purpose of the
Easement will be served by such restoration, the Grantor and the Grantee shall establish a schedule under
which the Grantor shall complete the restoration of the Buildings in accordance with plans and
specifications consented to by the parties up to at least the total of casualty insurance proceeds available to
the Grantor.
If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of
any mortgagee's/lender's claims under paragraph 9, the Grantor and the Grantee agree restoration of the
Property is impractical or impossible, or agree that the Purpose of the Easement would not be served by such
restoration, the Grantor may, with prior written consent of the Grantee, alter, demolish, remove, or raze one
or more of the Structures and/or construct new improvements on the Property. The Grantor and the Grantee
may agree to extinguish this Easement in whole or in part in accordance with the laws of the State of
California, and paragraph 22 hereof.
If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of
any mortgagee's/lender's claims under paragraph 9, the Grantor and the Grantee are unable to agree that the
Purpose of the Easement will or will not be served by such restoration, the matter may be referred by either
party to binding arbitration and settled in accordance with the State of California's arbitration statute then in
effect.
9. Insurance. The Grantor shall keep the Property insured by an insurance company rated "AT or
better by Best's for the full replacement value against loss from the perils commonly insured under standard
fire, and extended coverage policies and comprehensive general liability insurance against claims for
personal injury, death, and property damage. Property damage insurance shall include change in condition
and building ordinance coverage, in form and amount sufficient to replace fully the damaged Property
without cost or expense to the Grantor or contribution or coinsurance from the Grantor, with the exception
of the Grantor's deductible. Such insurance shall include the Grantee's interest and name the Grantee as an
additional insured. The Grantor shall deliver to the Grantee, within ten (10) business days of the Grantee's
written request therefor, certificates of such insurance coverage. Provided, however, that whenever the
Property is encumbered with a mortgage or deed of trust, nothing contained in this paragraph shall
jeopardize the prior claim, if any, of the mortgagee/lender to the insurance proceeds.
12-
10. Indemnification. The Grantor hereby agrees to pay, protect, indemnify, hold harmless and
defend at its own cost and expense, the Grantee, its agents, trustees, directors, officers and employees, or
independent contractors from and against any and all claims, liabilities, expenses, costs, damages, losses,
and expenditures (including reasonable attorneys' fees and disbursements hereafter incurred) arising out of
or in connection with injury to or death of any person; physical damage to the Property; the presence or
release in, on, or about the Property, at any time, of any substance now or hereafter defined, listed, or
otherwise classified pursuant to any law, ordinance, or regulation as a hazardous, toxic, polluting, or
contaminating substance; or other injury or other damage occurring on or about the Property, unless such
injury or damage is caused by the Grantee or any agent, trustees, director, officer, employee, or independent
contractor of the Grantee. Except for publicly owned properties, in the event that the Grantor is required to
indemnify the Grantee pursuant to the terms of this paragraph, the amount of such indemnity, until
discharged, shall constitute a lien on the Property with the same effect and priority as a mechanic's lien.
Provided, however, that nothing contained herein shall jeopardize the priority of any recorded lien of
mortgage or deed of trust given in connection with a promissory note secured by the Property.
11. Written Notice. Any notice which either the Grantor or the Grantee may desire or be required to
give to the other party shall be in writing and shall be delivered by one of the following methods: by
overnight courier postage prepaid, facsimile transmission, registered or certified mail with return receipt
requested, or hand delivery; if to the Grantor, then at 6200 Flying LC Lane, Carlsbad, California, 92009, and
if to the Grantee, then to 2622 El Aguila Lane, Carlsbad, California, 92009.
Each party may change its address set forth herein by a written notice to such effect to the other
party.
12. Evidence of Compliance. Upon request by the Grantor, the Grantee shall promptly furnish the
Grantor with certification that, to the best of the Grantee's knowledge, the Grantor is in compliance with the
obligations of the Grantor contained herein or that otherwise evidences the status of this Easement to the
extent of the Grantee's knowledge thereof.
13. Inspection. With the consent of the Grantor, representatives of the Grantee shall be permitted at
all reasonable times to inspect the Property. The Grantor covenants not to withhold unreasonably its consent
in determining dates and times for such inspections.
14. Remedies. Either party may, following reasonable written notice to the other party, institute
suit(s) to enjoin any violation or enforce any of the terms of this easement by ex parte, temporary,
preliminary, and/or permanent injunction, including prohibitory and/or mandatory injunctive relief, and
including, but not limited to requiring the restoration of the Property and Buildings to the condition and
appearance that existed prior to the violation complained of. Each party shall also have available all legal
and other equitable remedies to enforce the other party's obligations hereunder.
In the event the Grantor is found to have violated any of its obligations, the Grantor shall reimburse
the Grantee for any costs or expenses incurred in connection with the Grantee's enforcement of the terms of
this Easement, including all reasonable court costs, and attorney, architectural, engineering, and expert
witness fees.
Exercise by either party of one remedy hereunder shall not have the effect of waiving or limiting
any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the
use of any other remedy or the use of such remedy at any other time.
15. Notice from Government Authorities. The Grantor shall deliver to the Grantee copies of any
notice of violation or lien relating to the Property received by the Grantor from any government authority
within five (5) business days of receipt by the Grantor. Upon request by the Grantee, the Grantor shall
promptly furnish the Grantee with evidence of the Grantor's compliance with such notice or lien where
compliance is required by law.
16. Notice of Proposed Sale. The Grantor shall promptly notify the Grantee in writing of any
proposed sale of the Property and provide the opportunity for the Grantee to explain the terms of the
Easement to potential new owners prior to sale closing.
17. Liens. Except for publicly owned properties, any lien on the Property created pursuant to any
paragraph of this Easement may be confirmed by judgment and foreclosed by the Grantee in the same
manner as a mechanic's lien, except that no lien created pursuant to this Easement shall jeopardize the
priority of any recorded lien of mortgage or deed of trust given in connection with a promissory note
secured by the Property.
18. Plaque. The Grantor agrees that the Grantee may (but is not required to) provide and maintain a
plaque on the Property, which plaque shall not exceed 24 by 24 inches in size, giving notice of the
significance of the Property and the existence of this Easement.
19. Binding Effect - - Runs with the Land. Except as provided in paragraphs 8 and 22, the
obligations imposed by this Easement shall be effective for 50 years and shall be deemed to run as a binding
servitude with the Property. This Easement shall extend to and be binding upon the Grantor and the
Grantee, their respective successors in the interest and all persons hereafter claiming under or through the
Grantor or the Grantee, and words "The Grantor" and "The Grantee" when used herein shall include all such
persons. Any right, title, or interest herein granted to the Grantee also shall be deemed granted to each
successor and assign of the Grantee and each such following successor and assign thereof, and the word
"The Grantee" shall include all such successors and assigns.
Anything contained herein to the contrary notwithstanding, an owner of the Property shall have no
obligation pursuant to this instrument where such owner shall cease to have any ownership interest in the
Property by reason of a bona fide transfer. The restrictions, stipulations, and covenants contained in this
Easement shall be inserted by the Grantor, verbatim or by express reference, in any subsequent deed or other
legal instrument by which the Grantor divests itself of either the fee simple title to or any lesser estate in the
Property or any part thereof, including by way of example and not limitation, a lease of all or a portion of
the Property.
20. Assignment. The Grantee may convey, assign, or transfer this Easement to a unit of federal,
state, tribal or local government or to a similar local, state, or national organization whose purposes, inter
alia, are to promote preservation of historical, cultural, or architectural resources, provided that any such
conveyance, assignment, or transfer requires that the Purpose for which the Easement was granted will
continue to be carried out.
21. Recording and Effective Date. The Grantee shall do and perform at its own cost all acts
necessary to the prompt recording of this instrument in the land records of Carlsbad, California. The
Grantor and the Grantee intend that the restrictions arising under this Easement take effect on the day and
year this instrument is recorded in the land records of Carlsbad, California.
22. Extinguishment. The Grantor and the Grantee hereby recognize that circumstances may arise
that may make impossible the continued ownership or use of the Property in a manner consistent with the
purpose of this Easement and may necessitate extinguishment of the Easement. Such circumstances may
include, but are not limited to, partial or total destruction of the Buildings resulting from casualty.
Extinguishment must be the result of a judicial proceeding in a court of competent jurisdiction.
The Grantor may not repay the financial assistance received as a justification to extinguish the
Easement.
23. Condemnation. If all or any part of the property is taken under the power of eminent
domain by public, corporate, or other authority, or otherwise acquired by such authority through a
purchase in lieu of a taking, the Grantor and the Grantee shall join in appropriate proceedings at the time
of such taking to recover full value of those interests in the Property that are subject to the taking and all
incidental and direct damages resulting from the taking. After the satisfaction of prior claims and net of
expenses reasonably incurred by the Grantor and the Grantee in connection with such taking, the Grantor
and the Grantee shall be respectively entitled to compensation from the balance of the recovered proceeds in
conformity with the provisions of paragraphs above unless otherwise provided by law.
24. Interpretation. The following provisions shall govern the effectiveness, interpretation, and
duration of the Easement.
(a) Any rule of strict construction designed to limit the breadth of restrictions on alienation or use of
Property shall not apply in the construction or interpretation of this Easement and this instrument shall be
interpreted broadly to affect its Purpose and the transfer of rights and the restrictions on use herein
contained.
(b) This instrument may be executed in two counterparts, one of which may be retained by the
Grantor and the other, after recording, to be retained by the Grantee. In the event of any disparity between
the counterparts produced, the recorded counterpart shall in all cases govern.
(c) This instrument is made pursuant to the Act, but the invalidity of such Act or any part thereof
shall not affect the validity and enforceability of this Easement according to its terms, it being the intent of
the parties to agree and to bind themselves, their successors, and their assigns for 50 years to each term of
this instrument whether this instrument be enforceable by reason of any statute, common law, or private
agreement in existence either now or hereafter. The invalidity or unenforceability of any provision of this
instrument shall not affect the validity or enforceability of any other provision of this instrument or any
ancillary or supplementary agreement relating to the subject matter thereof.
(d) Nothing contained herein shall be interpreted to authorize or permit the Grantor to violate any
ordinance or regulation relating to building materials, construction methods, or use. In the event of any
conflict between any such ordinance or regulation and the terms hereof, the Grantor promptly shall notify
the Grantee of such conflict and shall cooperate with the Grantee and the applicable governmental entity to
accommodate the purposes of both this Easement and such ordinance or regulation.
(e) To the extent that the Grantor owns or is entitled to development rights which may exist now or
at some time hereafter by reason of the fact that under any applicable zoning or similar ordinance the
Property may be developed to a more intensive use (in terms of height, bulk, or other objective criteria
related by such ordinances) than the Property is devoted as of the date hereof, such development rights shall
not be exercisable on, above, or below the Property during the term of the Easement, nor shall they be
transferred to any adjacent parcel and exercised in a manner that would interfere with the Purpose of the
Easement.
25. Amendment. If circumstances arise under which an amendment to or modification of this
Easement would be appropriate, the Grantor and the Grantee may by mutual written agreement jointly
15
amend this Easement, provided that no amendment shall be made that will adversely affect the qualification
of this Easement or the status of the Grantee under any applicable laws, including the laws of the State of
California. Any such amendment shall be consistent with the protection of the Preservation values of the
Property and the Purpose of this Easement; shall not limit its duration; shall not permit additional
development on the Property other than the development permitted by this Easement on its effective date;
shall not permit any private inurement to any person or entity; and shall not adversely impact the overall
historic and architectural values protected by this Easement. Any such amendment shall be recorded in the
land records of Carlsbad, California. Nothing in this paragraph shall require the Grantor or the Grantee to
agree to any amendment or to consult or negotiate regarding any amendment.
THIS EASEMENT reflects the entire agreement of the Grantor and the Grantee. Any prior or
previous correspondence, understandings, agreements, and representations are null and void upon execution
hereof, unless set out in this instrument.
THIS EASEMENT IS GRANTED to the Grantee and its successors-in-interest and permitted
assigns for the term of 50 years unless terminated pursuant to the terms and conditions herein. This DEED
OF PRESERVATION EASEMENT may be executed in two counterparts and by each party on a separate
counterpart, each of which when so executed and delivered shall be an original, but both of which together
shall constitute one instrument.
IN WITNESS WHEREOF, the Grantor and the Grantee have set their hands under seal on the days
and year set forth below.
WITNESS:THE GRANTOR:
cipal
ATTEST:
By: Karen R. Kundt^T AeNa^
(date)
THE GRANTEE:
FRIENDS OF CARRILLO RANCH. INC.
Its*
APPROVED AS TO FORM
RONALD R. BALL, City Attorney
Deputy City Attorney
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ^j^-
On AJ ^'g^>if-A^ O1
ss.
(DATE)
personally appeared ^S<
personally known to me
before me,
- OR -
(NOTARY)'/
c.
SIGNERTS)
proved to me on the basis of satisfactory
evidence to be the personm whose name(X)
(1^/are subscribed to the within instrument and
acknowledged to me that h#7she/th£^ executed
the same in jj.i-s7her/th£if authorized
capacity£ielfj, and that by JtrS/her/tbeir
signatures(>yon the instrument the person^
or the entity upon behalf of which the
person(XT acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
RIGHT THUMBPRINT
OF
SIGNER
APA5/99 VALLEY-SIERRA, 800-362-3369
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of s
Date
personally appeared
c—N
before me,
/}.
ru. A. PAJ i.^iny- f . /\lo
Q Name and Title ofOfficep^7g.,"Jani
Name(s) of Signer(s)
personally known to me
D (or proved to me on the basis of satisfactory evidence)
SHERRY A. FREISINSER
Commission # 1727064
Notary Public - California i
San Diego County
I
I
Place Notary Seal Above
to be the personte) whose name($ is/are'subscribed to the
within instrument and acknowledged to me that
he/sfee7they executed the same in his/h^r/th^ir authorized
capacity(i0s), and that by his/h^r/th/gir signature^) on the
instrument the person)^), or the entity upon behalf of
which the person^) acted, executed the instrument.
WITNESS my ha*id and official seal.
Signatun
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document ^
Title or Type of Document^X^z) flo^rfillo -<a n • ^Va.^-/0n c_ «. S-l fri-i n't-
Document Date:kuL.r . Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer — Title(s):
D Partner — D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:
RIGHT THUMBPPINr
OFSIGNErt
Top oMffumb here
Signer's Naflte:_
D Individual
orporate Officer — Title(s):
D Partner — D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
O 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827
EXHIBIT "A"
HISTORICAL PRESERVATION EASEMENT
FOR
BARN
AT LEO CARRILLO RANCH PARK
THAT PORTION OF SECTION 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAID PORTION
BEING A PORTION OF THAT CERTAIN AREA INDICATED AS "NOT A PART" PER
CARLSBAD TRACT NUMBER 93-04, RANCHO CARRILLO VILLAGE "Q" PHASE 1
ACCORDING TO MAP THEREOF NUMBER 13551, RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 31,1998 AS FILE NUMBER 1998-
0177218, SAID AREA BEING KNOWN AS CARRILLO RANCH PARK, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE WESTERLY ANGLE POINT OF THE COMMON LINE BETWEEN LOT
111 OF SAID MAP NUMBER 13551 AND SAID AREA INDICATED AS "NOT A PART" SAID
LINE HAVING A BEARING OF NORTH 79°55'36" WEST AND A DISTANCE OF 228.30 FEET;
THENCE SOUTHEASTERLY ALONG SAID LINE SOUTH 79°57'09" EAST (SOUTH 79°55'36"
EAST PER SAID MAP NUMBER 13551) 72.99 FEET; THENCE LEAVING SAID LINE SOUTH
10°02'51" WEST 76.69 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
39°16'32" WEST 26.69 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A";
THENCE CONTINUING SOUTH 39°16'32" WEST 10.80 FEET; THENCE SOUTH 49°32'13"
EAST 43.80 FEET; THENCE NORTH 38°54' 25" EAST 37.86 FEET; THENCE NORTH 50°00'40"
WEST 43.55 FEET TO THE TRUE POINT OF BEGINNING.
AREA CONTAINING: 1645.58 SQUARE FEET 0.038 ACRES MORE OR LESS
JOINT USE FOR MAINTENANCE OF BUNK-HOUSE
BEGINNING AT AFORESAID POINT "A", SAID POINT BEING THE TRUE POINT OF
BEGINNING; THENCE SOUTH 39°16'32" WEST 10.80 FEET; THENCE SOUTH 49°32'13" EAST
1.86 FEET; THENCE NORTH 29°33'20" EAST 11.00 FEET TO THE TRUE POINT OF
BEGINNING.
AREA CONTAINING: 10.06 SQUARE FEET
»=L
DOUGLAS R. MElfCHIOR, P.L.S.
LICENSE EXPIRES 9-30-08
MARCH 5,2008
». *EXHIBIT "B'
BASIS OF BIASINGS:
THE BASIS OF BEARINGS FOR THIS SURVEY IS A LINE BETWEEN
CITY OF CARLSBAD FIRST ORDER CONTROL POSITIONS CLSB 075
AND CLSB 030 PER ROS 17271
I.E. N 22'41'11tt E 2961.33' GRID
ALL OTHER DISTANCES = GROUND
QUOTED BEARINGS FROM REFERENCE MAPS OR DEEDS MAY
OR MAY NOT BE IN TERMS OF SAID SYSTEM.
CLSB-030
CLSB-075
N 1986038.012
E 6259003.995
N 1988770.226
E 6260146.140
THIS PLAT WAS PREPARED BY ME
OR UNDER MY DIRECT SUPERVISION
DOLffifiS RCM&CHIOfl
PLS 4611 (
03/05/2008
DATE
CITY OF CARLSBAD
LEO CARRILLO RANCH PARK
HISTORICAL PRESERVATION EASEMNT SHEET 1 OF 2 SHEETS
CITY OF CARLSBAD
1635 FARADAY AVENUE
CARLSBAD, CA. 92008
PREl
A.P.N. 222-601-04
DATE 03-05-2008
LS. 4611
v^c/>
EXHIBIT "B"
MAP
v 0/1/WOVERHANG
("
BARN
OVERHANG
x
/%0T V
BUNK-HOUSE
JOINT USE FOR
BUNKHOUSE MAINTENANCE
10.06* 'SO. FT.
POINT "A"
DATA TABLE
N WV2'51* E
N 3916'32* E
N 39W32'
N 49'32'13°
N 49'32'13*
N 38"54'25"
N 50W40"
N 29'33'20"
E
W
W
E
W
76.69'
26.69'
10.80'
1.86'
41.94'
37.86'
43.55'
11.00'
LEGEND
= INDICATES RECORD DATA
PER MAP NO. 13551
CARLSBAD TRACT NO. 93-04
RANCHO CARILLO VILLAGE "Q"
PHASE 1
T.P.O.B = INDICATES TRUE POINT
OF BEGINNING
' INDICATES POINT OF BEGINNING
\mz\
'BARN
OVERHANG
INDICATES JOINT USE FOR
MAINTENANCE OF BUNKHOUSE
INDICATES HISTORICAL
PRESERVATION BARN EASEMENT
CITY OF CARLSBAD
LSO CAJUULLO RANCH PARK
HISTORICAL PRESERVATION SAS&MNT SHEET 2 OF 2 SHEETS
CITY OF CARLSBAD
635 FARADAY AVENUE
CARLSBAD, CA. 92008
A.P.N, 222-601-04
DATE 02-05-2008
AREA OF HISTORICAL EASEMENT FOR BARN
LOT CHECK MODE ENABLED
173
56
51
50
55
52
51
56
TRAV
TRAV
TRAV
TRAV
TRAV
TRAV
TRAV
TRAV
S
S
S
S
N
N
N
N
79
10
39
49
38
50
10
79
57
02
16
32
54
00
02
57
09
51
32
13
25
40
51
09
E
W
W
E
E
W
E
W
72
76
37
43
37
43
76
72
.99
.69
.49
.80
.86
.55
.69
.99
56
51
BRNOH
50
BRNOH
55
BRNOH
52
BRNOH
51
BRNOH
56
173
LAT & DEP
173 HCLOSE S 45 27 37 W
PREC = 1 TO 124956 Area =
JOINT USE AREA
LOT CHECK MODE ENABLED
• TRAV ••— S~-59 16 32 —W- —
-0.00259 -0.00264
0.00 1988292.67112 6259570.51895
1645.58 sq ft 0.03778 ac
57
50
58
57
TRAV S 49 32 13 E
TRAV N 29 33 20 E
1.86
11.00
173
LAT & DEP -0.00120 -0.00413
HCLOSE S 73 44 48 W 0.00 1988183.76233 6259612.11750
PREC = 1 TO 5505 Area = 10.06 sq ft 0.00023 ac
BRNOH
58
57
57