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HomeMy WebLinkAbout3190; Real Estate Collateral Management Company; 2003-0995693; EasementDOC # 2003-0935693 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor@) declare@): OFFICIAL KECORDS SAN DIEGO GOMTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY KCOKDER FEES: 0.00 OC : N(r Documentary transfer tax is $m ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad, and encumbrances remaining at time of sale. SPACE ABOVE THIS LINE FOR RECORDERS USE Assessor's Parcel Nos: 223-01 1-02.223-021-10. 223-021-1 1,223-021-16,223-032-01 Project No. & Name: Rancho Santa Fe Road. Phase 2 31 90 PR 02-012 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for public street and public utility purposes over, under, upon and across the real property as described in Exhibit "A consisting of four (4) pages, attached hereto and made a part hereof. Exhibit "B" consisting of six (6) pages is attached for clarity only. The Grantor hereby further grants to the City of Carlsbad the right to extend and access drainage structures, excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said street and utilities, provided that no drainage structures, excavation and embankment slopes or access right shall encroach into the Conserved Habitat parcels as defined in the Habitat Conservation Plan/On-going Multi-Species Plan dated June 1995. Access rights for drainage structures shall extend a minimum of ten feet (lo') on either side of pipe outside diameters or outerwalls of box culverts and edges of rip rap fields and ten feet (10) beyond all inlet and outlet structures, including rip rap fields. Grantee and Grantor hereby acknowledge that a portion of Parcel B, described in said Exhibit "A" , is intended as an interim road easement. RESERVING unto grantor of the above described parcel of land, his successors, or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, providing such substitution is first approved in writing by said Engineer. The Grantor hereby further offers to Grantee all trees, growths (growing or that may hereinafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said street and utilities. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said street and utilities. 6/1/00 Grantor makes this dedication of easement to the City of Carlsbad without compensation, understanding that grantor is entitled to compensation at fair market value for the property herein dedicated. REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation *- STATE OF COUNTY OF -1 QW-BEGQ (Tlpe or Print) I (Type or Print) (Signature) (Type or Print) Title: vr By: Name: to me that helshelthey executed the same in hislherhheir authorized capacity(ies), and that by hislherltheir signature@) on the instrument the person@), or the entity upon behalf of which the person(@ acted, executed the instrument. OFFICIAL SEAL DIANA C MORENO MY COMMISSION ExnrYBt IQM NOTARY PUBLIC, STAM Of LLlW8 Title: (Type or Print) WordlMastersFms\Grard Deed d Easement - Cih, PR 02-12 EXHIBIT "A" REAL ESTATE COLLATERAL MANAGEMENT COMPANY ROAD EASEMENT THAT PORTION OF PARCELS 3 AND 4 OF PARCEL MAP NO. 10179, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17,1980 AS THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FILE NO. 80-204502 OF OFFICIAL RECORDS TOGETHER WITH THAT PORTION OF PARCEL A BEGINNING AT A 2.5 DIAMETER ALUMINUM DISK SET INSIDE A 6" ALUMINUM ACCESS COVER STAMPED "HPGN CA 11 07 1990" PER R.O.S. 14310 FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 16, 1993 WHICH BEARS NORTH 79'05'25" WEST 56764.62 FEET FROM A 3.5" DIAMETER BRASS DISK IN A 2.5 X 4' BOULDER STAMPED "LOMAX 1973" PER SAID R.O.S. 14310; THENCE SOUTH 61"31'03" EAST 17476.59 FEET TO THE MOST EASTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 10179; THENCE SOUTH 35'26'00'' EAST ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 4 A DISTANCE OF 447.93 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE SOUTH 35'26'00" EAST 109.42 FEET TO THE CENTERLINE OF THAT CERTAIN RIGHT OF WAY AS DESCRIBED IN DEED TO THE COUNTY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 7, 1966 AS FILE NO. 58549 OF OFFICIAL RECORDS; 2. THENCE SOUTH Oo"31'20" WEST ALONG SAID CENTERLINE 198.46 FEET TO CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 72"08'53" WEST; 3. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11"30'55", A DISTANCE OF 294.64 FEET TO THE TRUE POINT OF BEGINNING. THE BEGINNING OF A NON-TANGENT 1466.00-FOOT RADIUS CURVE AREA PARCEL A = 0.180 ACRES PARCEL B BEGINNING AT A 2.5" DIAMETER ALUMINUM DISK SET INSIDE A 6" ALUMINUM ACCESS COVER STAMPED "HPGN CA 11 07 1990" PER R.O.S. 14310 FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 16, 1993 WHICH BEARS NORTH 79'05'25" WEST 56764.62 FEET FROM A 3.5" DIAMETER BRASS DISK IN A 1 2.5' X 4' BOULDER STAMPED "LOMAX 1973" PER SAID R.O.S. 14310; THENCE SOUTH 58'48'38'' EAST 19207.53 FEET TO THE MOST EASTERLY CORNER OF PARCEL 3 OF SAID PARCEL MAP NO. 10179, SAID POINT BEING IN THE NORTHERLY LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 29 AS SHOWN ON SAID PARCEL MAP AND THE TRUE POINT OF BEGINNING; 4. 5. 6. 7. 8. 9. THENCE SOUTH 89T5'02" EAST ALONG SAID NORTHERLY LINE 34.32 FEET CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 53'24'1 9" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 1 1'07'00, A DISTANCE OF 362.05 FEET; TO THE BEGINNING OF A NON-TANGENT 1866.00-FOOT RADIUS CURVE THENCE SOUTH 31'05'32" EAST 28.47 FEET TO THE BEGINNING OF A NON- TANGENT 1869.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 65'23'26" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF O"3803, A DISTANCE OF 20.69 FEET; THENCE SOUTH 14"2614" EAST 18.65 FEET TO THE BEGINNING OF A NON- TANGENT 1866.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 66'35'22" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 8'44'27", A DISTANCE OF 284.67 FEET TO THE BEGINNING OF A TANGENT 66.00-FOOT RADIUS REVERSE CURVE; IO. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A 11.THENCE SOUTH 30"02'08" EAST A DISTANCE OF 23.97 FEET TO THE CENTRAL ANGLE OF 15'21'57", A DISTANCE OF 17.70 FEET; BEGINNING OF A TANGENT 66.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; 12. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17'12'10", A DISTANCE OF 19.82 FEET TO THE 13. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 1'56'25, A DISTANCE OF 63.60 FEET TO THE BEGINNING 14. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A 15.THENCE SOUTH 6'37'08" WEST 22.80 FEET TO THE BEGINNING OF A 16. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15"41'18', A DISTANCE OF 18.07 FEET TO THE 17. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A BEGINNING OF A TANGENT 1878.00-FOOT RADIUS COMPOUND CURVE; OF A TANGENT 66.00-FOOT RADIUS COMPOUND CURVE; CENTRAL ANGLE OF 17"30'41", A DISTANCE OF 20.17 FEET; TANGENT 66.00-FOOT RADIUS CURVE CONCAVE EASTERLY; BEGINNING OF A TANGENT 1866.00-FOOT RADIUS REVERSE CURVE; CENTRAL ANGLE OF 1"35'33", A DISTANCE OF 51.86 FEET; 18. THENCE SOUTH 9°40'081 EAST 152.28 FEET TO THE BEGINNING OF A NON- TANGENT 1878.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLYl A RADIAL LINE TO SAID POINT BEARS NORTH 87"1015" EAST; 19. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 1'2010", A DISTANCE OF 43.79 FEET TO THE BEGINNING OF A TANGENT 1539.97-FOOT RADIUS COMPOUND CURVE; 2 20. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A 21.THENCE SOUTH W08'47" WEST 44.94 FEET TO THE BEGINNING OF A 22. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A 23.THENCE SOUTH 19'47'46' WEST 83.29 FEET TO THE SOUTHEASTERLY CENTRAL ANGLE OF 7"38'22", A DISTANCE OF 205.33 FEET; TANGENT 1875.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; CENTRAL ANGLE OF 4'0617", A DISTANCE OF 134.33 FEET; RIGHT-OF-WAY LINE OF THE ROAD EASEMENT PER DEED RECORDED MARCH 15, 2002 AS DOCUMENT NO. 2002-0220021 OF OFFICIAL RECORDS, SAID POINT BEING ON A NON-TANGENT 1863.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 77'1 3'1 9 EAST; LINE AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF LINE PER SAID DEED; 24. THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY 3'21'01" A DISTANCE OF 108.94 FEET TO THE NORTHERLY RIGHT-OF-WAY 25. THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 80'34'20" WEST 126.00 FEET TO THE BEGINNING OF A NON-TANGENT 1737.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 80'34'20" EAST; 26. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 3'1653", A DISTANCE OF 99.48 FEET; 27. THENCE NORTH 4'33'31" EAST 58.63 FEET; 28. THENCE NORTH 12'09'14" WEST 43.63 FEET; 29. THENCE NORTH 0'16'57" EAST 80.24 FEET; 30. THENCE NORTH 11'48'10" EAST 51.40 FEET TO THE BEGINNING OF A NON- TANGENT 1734.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; 31. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 1"37'57", A DISTANCE OF 49.41 FEET; 32. THENCE NORTH 10'47'08'' WEST 122.35 FEET TO THE BEGINNING OF A NON- TANGENT 1722.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 82'4913'' EAST; 33. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6'40'51", A DISTANCE OF 200.79 FEET TO THE 34. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A 35.THENCE NORTH 7"2943" WEST 44.95 FEET TO THE BEGINNING OF A 36. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10"21'03", A DISTANCE OF 40.11 FEET TO THE 37. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A 38.THENCE NORTH 36'44'04" WEST 758.98 FEET TO THE BEGINNING OF A 39. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 0'28'48'', A DISTANCE OF 12.28 FEET TO THE CENTERLINE OF THAT CERTAIN RIGHT OF WAY AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, FILED IN THE OFFICE OF THE COUNTY BEGINNING OF A TANGENT 323.00-FOOT RADIUS REVERSE CURVE; CENTRAL ANGLE OF 6"21'55", A DISTANCE OF 35.88 FEET; TANGENT 222.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; BEGINNING OF A TANGENT 1734.00-FOOT RADIUS COMPOUND CURVE; CENTRAL ANGLE OF 18'53'18", A DISTANCE OF 571.64 FEET; TANGENT 1466.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 3 RECORDER OF SAN DIEGO COUNTY, APRIL 7, 1966 AS FILE NO. 58549 OF OFFlC IAL RECORDS; 40. THENCE SOUTH 47'52'40 EAST ALONG SAID CENTERLINE 289.63 FEET TO THE BEGINNING OF A TANGENT 1000.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; CENTRAL ANGLE OF 11'02'16", A DISTANCE OF 192.65 FEET; BEGINNING. 41.THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A 42.THENCE SOUTH 35"26'24" EAST 286.64 FEET TO THE TRUE POINT OF AREA PARCEL B = 5.949 ACRES THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE IN TERMS OF THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SIGNATURE DATE: $!*a5 4 BASISOF- THE BASS OF BEARINGS FOR THIS PLAT IS ME CALIFORNIA COORDINATE SYSTEM, ZONE 6. NAD 83, USING A BEARING CALCULATED BETWEEN 'LOMAX" AND 'HPGN CA 11 07" AS SHOWN ON ROS 14310, I.€ N 79'05'25" W. RANCHO SANTA FE ROAD PLAT FOR ROAD EASEMENT REAL ESTATE COUATERAL MANAGEMENT WANY ' CONTROL TIE DETAIL \ NO SCALE HPGN CA 11-Or PROJECT NO. EXHIBIT B 31 90 PR 02-12 SHT. 1 OF 6 c PAR. 3 AGUIRRE & ASSOCIATES 8265 COMMERCW. STREET, SUITE 1 LA MESA, CA 91942 PH: (619)464-6978 ClWL ENGINEERING EURMYING LAND PtANNlNG I EGONO vmA INDICATES ROAD EASEMENT RADIAL POINT OF BEGINNlNG TRUE POINT OF BEGINNING DRAINAGE EASEMENT TO SAN DIEGO COUNTY DRAINAGE MAINTENANCE DISTRICT RECORDED AUGUST 20, 1981 AS FILE NO. 91-266030 O.R. WATER EASEMENT TO VAuEClTOS WATER DISTRICT RECORDED MARCH 24. 1992 AS FILE NO. 1992-0162736 O.R. DRAINAGE EASEMENT TO SAN DIEGO COUNTY DRAINAGE MAINTENANCE DISTRICT RECORDED AUGUST 20, 1981 AS FILE NO. 81-266030 O.R. PUBUC ROAD EASEMENT TO COUNTY OF SAN DIEGO RECORDED JANUARY 21, 1930 IN BOOK 1737, PAGE 4 OF DEEDS RIGHT-OF-WAY EASEMENT TO an OF CARLSBAD RECORDED AUGUST 19. 2002 AS DOC NO. 2002-0701685 O.R. SLOPE EASEMENT RECORDED AUGUST 19, 2002 AS DOC. NO. 2002-0701686 O.R. TEMPORARY coNsmucnoN EASEMENT RECORDED AUGUST 19, 2002 AS DOCUMENT NO. 2002-0701825 O.R. SAN EUJO ROAD DETOUR ROAD RECORDED AUGUST 19, 2002 AS DOC. NO. 2002-0701675 O.R. RIGHT-OF-WAY EASEMENT TO an OF CARLSBAD RECORDED MARCH 15, 2002 AS DOC. NO. 2002-0220021 O.R. N 223-021-10 APN 223-021-16 APN 223-021-8 APN 223-021 -11 AI" 223011-2 AI" 223-032-1 I J AGUIRRE 8 ASSOCIATES 8265 COMMERCIAL STREET, SUE 1 LA MESA, CA 91942 PH: (619)464-6978 CIVIL ENGINEERING SURMnNG LAND PLANNING I I TABULATED UNE DATA I -~ ~~~ ~~ LINE BEARING LENGTH Ll S3526'00"E 109.42' I ~2 I ~00~1'20~~ I 198.46' I I L9 I sosm'47"w I 44.94' I 58.63' 43.63' I L13 I N0076'57"E I 80.24' I I !i N11'48'10"E 51.40' N10'47'08"W 122.35' N0729'43W 44.95' I I L17 I SlV47'46mW I 83.29' I I TABULATED CURVE DATA 1 ~ CURVE I DELTA I RADIUS I LENGTH c1 I llo3O'%' I 1466.00' I 294.64' RANCHO SANTA FE ROAD PROJECT NO. EXHIBIT PLAT FOR ROAD EASEMENT B 31 90 PR 02-12 SHT. 2 OF 6 REAL ESTATE CWATERM MANAGEMENT -ANY L 63' EASEMENT FOR PUBLIC HIGHWAY TO COUNTY OF SAN DlEGO RECORDED APRIL 7, 1982 AS F/I' 82-095262 O.R. 60' EASEMENT FOR STREET AND HIGHWAY PURPOSES TO an OF CALSBAD RECORDED APRIL 24, 1981 FILE PG. 81-126304 O.R. TPOB - PARCEL A ROAD EASEMENT P,J\/1, 10179 APN 223-021-16 ROAD EASEMENT NORTHERLY LINE OF LOT 233 AND SUBDIVISION BOUNDARY OF an OF CARBAD CT 99-04-01 "THE OAKS SOUTH - 'A' MAP AGUIRRE & ASSOCIATES 8265 COMMERCIAL STREET, SUITE 1 LA MEW CA 91942 PH: (619)4644978 LINE 126' EASEMENT A I Ol 6-1 1MAr 13156 APN 223-031-31 PAR, 3 7,1L1, 10179 APN 223-021 -1 1 RANCHO SANTA IT ROAD PLAT FOR ROAD EASEMENT 1 PROJECT NO. 31 90 PR 02-" AGUIRRE h ASSOCIATES 8265 COMMERCIAL STREET, SUITE I LA MESA, CA 91942 PH: (619)464-6978 CIVIL ENGINEERING SURVEYING LAND PLANNING EXHIBIT B SHT. 6 OF 6 RANCHO SANTA FE ROAD PLAT FOR ROAD EASEMENT REAL ESTATE CoUAmuL MANAGEMENT c(wpANY DETAIL "B" NOT TO SCALE CERTIFICATION FOR ACCEPTANCE OF DEED OF EASEMENT This is to certify that the interest in real property conveyed by the deed or grant deed of easement dated August 7, 2003 from Real Estate Collateral Management Company, a Delaware Corporation, is hereby accepted by the City Council of the City of Carlsbad, California] 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: August 14,2003 ICE BREITENFELD, CMV CITY CLERK