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Home My WebLink About; CYPRESS VALEY LLC.; 1998-0771193; Easement0 619 ~~~-~~~~~~~~ *. 85 Recording Requested By When Recorded Mail To: and c\r City Clerk /: _.. City of Carlsbad 9 !' 1200 Carlsbad Village Drive { ', Carlsbad, CA 92008 .I f i 'df Mail Tax Statement To: ', i ,: i -i .. 6 p\ja%,,.! ai-t f "gqg 3 2 1' "7 rl QFFfCIAL F~C:OWDS $A# f JI E" & cgd#TY RE@RI)Ek'$ OFFiC caG@yf J, SHIiHr cfl!-IWf WEC:ORI)EF\ FEES: fi& tlG : #! li~lllll~ll~ll~p1B$1B% 1998-077 11 93 A.P.N. 168-050-01 of property conveyed; OR less liens or encumbrances remaining determining tax -- firm name at time of sale. - computed on the consideration or value signature of declarad/agent GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CYPREL VALLEY LLC, a California Limited Liability Colmpany ("Grantor"), hereby grants to CITY C CARLSRAD, a California municipal corporation ("Grantee"), the real property in the City ( Carlsbad, County of San Diego, State of California, shown on attached Exhibit "A incorporated herein by this reference. This conveyance is subject to the provisions set forth in the Addendum to Grant Dee1 Exhibit "B," attached hereto and incorporated herein by this reference. IN ITNJSS WHEREOF, this instrument has been executed this '?fl; day 4 ~~ /y- /l/lJly)! y b/,i:_ f , 1998. I Cyplress Valley LLC, a (California limited liability company By: McMillin Companies, LLC a Delaware limited liability company -1- 45600-27 211 3/98 MAIL TAX STATEMENTS AS DIRECTED ABOVE 0 620. STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO ) ) ss. A/'' /, i' /' On ./" ?/,,, ,I '' ,? , befye, -./" (~,Q,~fi~7<>~ ,&- , Notary Public, personal appeared '(' .,,, /", y;.;.; +? " \ /; /,i J. (/ 4 _" /' I, ,/',J' L" , personally known to me (or proved me on the bags of satisfactory evidence) to be the person(s) whose name(s) islare su scribed to the within instrument and acknowledged to me that helshelthey executed tl same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on tl instrument, the person(s), or the entity upon behalf of which the person(s) acted, execute the instrument. WITNESS my hand and official seal. /' ,?> ,> )' .. ; ///' Signature J ,QJ,~+A, 1 . / ,,/gz, BARBARA R. KINTFR Commission #la7 lo41 Son Dlego County :i Notory Public - Californi? I h.1~ Comm. Expires Sep k : 7, ? I 6, I;. VI' 'j(Se2 / STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO 1 ) ss. '/ /," ,I/; On '/ ,' 6 %p , before m , P 4 x<id,l// ;T ~fl'>k.:, , Notary Public, personall appeared j,' )g y$? / // d 'd J;/ ;;.= - ' 1:' , personally known to me (a proved to me on the basis of satisfactory evidence) to be the person(s) whose name@ islare subscribed to the within instrument and acknowledged to me that helshelthey execui ed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s on the instrument, the person(s), or the entity upon behalf of which the person@) actec executed the instrument. ,x:.? b/;- '\ .-pi / /' ~, WITNESS my hand and official seal. A'' ,, _, , 4"' 4/: //& ,((,/:.L + d i' 1 . :,;, k ~ c, "~/ <y 7;- Signature / /I Commission # 107 1041 5 1 Notary Public - Co!lfornio s - Q z z. Son Diego County - 45600-27 211 3/98 2 0 Bl EXHIBIT "A1' PARCEL 1: THAT PORTION OF LOT IID1' OF RANCHO AGUA HEDIONDA, IN THE CI'J CARLSBAD, COUbTTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TI PARTITION MAP THEREOF NO. 823 , FILED IN THE OFFICE OF THE CI RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOL: BEGINNING AT A POINT IN THE NORTHERLY LINE OF LOT rtLrr IN SAID M DISTANT THEREON NORTH 89O44'00" WEST 1323.42 FEET FROM THE NORTI CORNER OF SAID LOT "L"; THENCE NORTH 00°10'20" WEST 72.64 FEET; TI NORTH 88O25'20" WEST, 269.25 FEET; THENCE SOUTH 52°18'401f WEST, t FEET; THENCE SOUTH 13 O 35 ' 40 It WEST 40.00 FEET, MORE OR LESS, TC NORTHERLY LINE OF SAID LOT "L"; THENCE ALONG SAID NORTHERLY I SOUTH 89°44'00" EAST, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE SOUTE PROLONGATION OF THE MOST EASTERLY LINE OF RECORD OF SURVEY MAP 4610 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COC MARCH 13, 1958. PARCEL 2 : THAT PORTION OF LOTS 'ID" AND 'IL" OF RANCHO AGUA HEDIONDA, IN THE OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDIN MAP THEREOF NO. 823 , FILED IN THE OFFICE OF THE COUNTY RECORDE SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT "L"; THENCE ALONG SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT IIL" I SI O040'58" WEST 660.00 FEET TO A LINE WHICH IS PARALLEL WITH AND 66 FEET SOUTHERLY AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID "L"; THENCE ALONG SAID PARALLEL LINE NORTH 87'10' EAST 89.92 FEE' THE MOST WESTERLY CORNER OF LAND DESCRIBED IN DEED TO GEORGE W. TA ET UX, RECORDED SEPTEMBER 10, 1957 AS FILE NO. 136954 OF OFF1 RECORDS; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID LAND, N( STRAIGHT LINE TO A POINT IN THE EAST LINE OF SAID LOT I'L", DIS: NORTH 0 O45 I WEST 575.00 FEET FROM THE SOUTHEAST CORNER THEREOF; THI NORTH OO45' WEST ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF : LOT 'lLtt; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF SAID LOT "L AN INTERSECTION WITH THE EASTERLY BOUNDARY OF THE LAND DESCRIBE1 PARCEL 1 IN DEED TO OCEANSIDE MUTUAL WATER COMPANY, RECORDED JULY 1930 IN BOOK 1796, PAGE 142 OF DEEDS; THENCE ALONG SAID BOUND? SOUTH 15O35 I40" WEST TO AN ANGLE POINT; THENCE CONTINUING ALONG BOUNDARY OF SAID PARCEL 1 AS FOLLOWS: SOUTH S8°05'401t WEST 123.70 FEET; SOUTH 20'30'40" WEST 90.20 FE SOUTH 47O33'30" WEST 346.14 FEET AND NORTH 58O19'20" WEST TO INTERSECTION WITH THE WEST LINE OF SAID LOT "L". , THENCE SOUTHE ALONG SAID WEST LINE TO THE POINT OF BEGINNING. 73 0 10 ' EAST 1925.00 FEET TO AN ANGLE POINT AND NORTHEASTERLY I 0 %2 ADDENDUM TO GRANT DEED lEXHlBlT I~B’,) BY THE DELIVERY AND ACCEPTANCE OF THIS GRANT DEED, Grantor and Grant1 agree as follows: 1. Grantor reserves the right to grant andlor dedicate a sewer easement, to public agency, over land described in Exhibit “C” and depicted in Exhibit “D” hereto, bo of which are incorporated herein. Grantee and its successors in interest agree to sign ar document necessary to effectuate such transfer. 2. Grantee represents, as the local agency with jurisdiction over this re property, that (a) it requested that Grantor acquire the real property being granted, (b) requested that Grantor grant this real property to Grantee, and (c) pursuant to Governme Code §66428(a)(2) and City of Carlsbad Municipal Code §20.24.010(3), this grant does n require a tentative, final, or parcel map pursuant to, and will not violate, the Subdivision M; Act. 3. Grantor is the developer of a residential community within Grantee common known as Calavera Hills (the “Community”). The Community is being developed in portior known as “Villages.” A “Mitigation Agreement” dated March 15,1993, between Grantee an LyonKopley Carlsbad Associates, L.P., Grantor’s predecessor in interest, provided for th conveyance and limits the use of the property being conveyed. Grantee, acting in both i. sovereign capacity as a government agency and its proprietary capacity, covenants, agrec and acknowledges that: The property being conveyed is intended to be used as a publi conservancy for Habitat Types and Sensitive Species, as defined in th aforesaid Mitigation Agreement, and is to be used pursuant to th Management Plan for the Calaveras Nature Preserve, as thi Management Plan exists and may be amended. This grant satisfies the aforesaid “Mitigation Agreement.]’ Grantee w not require the grant or dedication of any additional property 1 mitigate the biological impacts of development of Villages Q, S or T 4 the Community or of the College Boulevard Expansion, as describe in the Mitigation Agreement. Of this grant, 37.9 acres (the “Excess Mitigation Acreage”) mitigate more Coastal Sage Scrub and Chaparral than will be impacted b Villages Q, S, and T and the College Boulevard Expansion, a described in the Mitigation Agreement. Grantee will, to the greate: extent within its authority, credit the Excess Mitigation Acreag toward any additional mitigation required of Villages W, X, Y, H, K, L-: R and U in the Community pursuant to the Mitigation Agreemen Grantee will make its decision on this possible credit no later than it hearing on the last tentative subdivision map among these Villages. 111 111 45600-27 211 3/98 Addendum -1 - 0 623 0 ,.? I~ ;J- \q , ,sg Dated: I , - I: "Grantor" Cypress Valley LLC, a California limited liability company By: McMillin Companies, LLC a Delaware limited liability company Its: Managing member "Grantee" CITY OF CARLSBAD, a Californiq municipal ATTEST: ALETHA RAUTENKRANZ, City Clerk By: @.mz 2iLJzA- APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: - 3- (2 L //* / 7- cb 45600-27 211 3/98 Addendum -2- 4' 0 624 STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 ) ss. '/ p 4 /? , ,. , personally known to me (or proved i ,/ ,< ? 7; - On $! /,,7/+p , I i , before me, L/7$ddaj4'd /'I Ii . ,',J 2'-d:, Notary Public, personal appeared ; k, Fzd. ,4 fJJ, /3j-/+$///J$;'; 4 me on the basis of satisfactory evidence) to be the person(s) whose name@) islare su scribed to the within instrument and acknowledged to me that helshelthey executed tl same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on tl instrument, the person(s), or the entity upon behalf of which the person(s) acted, executc the instrument. .". WITNESS my hand and official seal. Signature > I~L ..c 8 "r . JL, ,/ ~ BARBARA R. KINTFR i Comrni;sion#1071041 5 Notclty Public - California E San Diego County 1 STATE OF CALlFORNl COUNTY OF- *@ ) Q;;9 $, ' ) ss. ) '2 /" 10 ~/ /" On y '"/>,(k, G /- , before v ' .Gi /,!:if ,d ,A.J~,& Notary Public, personall appeared ! &,yq&A '; , . </&&:,/,//- , personally known to me (c proved to me on the basis of satisfactory evidence) to be the person@) whose name(! islare subscribed to the within instrument and acknowledged to me that helshelthey execu ed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(! on the instrument, the person(s), or the entity upon behalf of which the person(s) actec executed the instrument. ,' A ' WITNESS my hand and official seal. k' Hf " / Signature y )g~ Li4.n..Ti I UgL /- ",:A _, ,, ,>-* d 6AWARA R. KINTER 1 z - Q Commission#1071041 5 Nottory Public - California 2 Mv Comm. Expires Sep 4,1999 b 2 Son Diego County La1 45600-27 211 3/98 Addendum -3- ,f .,I 4 .. 0 0 625 Exhibit C LEGAL DESCRIPTION APN 168-050-01 SEWER EASEMENT THAT PORTION OF LOTS "D" AND 'L' OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSEAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 18,1896, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 6 OF THAT LAND DESCRIBED DEED TO CYPRESS VALLEY LLC, A CAUFORNIA LIMITED LIABILJN COMPANY RECORDED DECEMBER 19,1997, FILE NO. 1997-0647243 OF OFFICIAL RECORDS; THENCE ALONG THE WEST LINE OF SAID PARCEL 6, NORTH OO"21'43' EAST, {NORTH 0'40'58' EAST PER DEED), 459.64 FEET; THENCE LEAVING SAID WEST UNE, SOUTH 70'43'29' EAST, 468.64 FEET TO THE MOST WESTERLY CORNER OF LAND DESCRIBE1 IN DEED TO GEORGE W. TARRY, ET UX, RECORDED SEPTEMBER 10,7957, FILE NO. 136954 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 6, NORTH 89'36'20' WEST, 90.12 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF IAN0 CONTAINS 0.476 ACRE MORE OR LESS. JOHN W. HILL, JR. LS. 5669 HUNSAKER 8 ASSOCIATES SAN DIEGO, INC. PAGE 1 QF 1 :oA\-\lw "~~l.dat w1a41-01 2mJm 7 I' -I .. 4" I a e I I lor -0- i 4 626 I PO2T/QIy LOT' "Y """"""". RANG@ A GUA A!.DGNDA MAP J'dO, 823 PARCn6WWTLANO~ffl~tN~ cy omal Rfms X- 12/19j199Z f7LC NO. 1997-0617243 APN 168"l Am 1&"02 " ----------~ 3 CF B MA? NOJ M816 r7 OF 5 JMAP J\J.CX 66'18 i 1 I I \, \ '1 \\\ 4 UJT "D" APN 168-05529 €X'S~NC 60' M~E msnmjr 4yi ~DmmPmSfs \ \ OmCuL hFctxu.s "lxD 4/01/34 RLE m, j \', LEGQvD.. 51674, 8U. 7016, ffi 5.36 W \ HUNSAKER dASSocIATEs IAN strcq IMC - "-"a) - kfJbmQPO) - -9- UfW\U6tWtQ -1 SEWElP"PlAT-ClTYOFCARLS&rU) APPLICAN'T: A.P,N.: PROJECt: PREPARED W. YcYILLlN COLPANIES 2727 m NE. MATI- Cln, eA 91050 SEWER 168-0504 (619) 793-m JQllWsmIAJRLz~ - mQ/sr C4srnM Exh ib.i t