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HomeMy WebLinkAbout3455; McMahan Furniture Company; 2013-0525825; Easementbo icon DOCtt 2013-0525825 I 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 AUG 22. 2013 8:16 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 fe. ( ) 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 Assessor's Parcel No.: Project ID: Related Project ID: Related Project ID: Project Name: 155-200-04 CIP#3455 DWG No. 476-1 PR#12-50 Coastal Rail Trail Reach 1 GRANT DEED OF TEMPORARY EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, McMahan Furniture Company, a California Corporation 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 the following described real property in the City of Carlsbad, County of San Diego, State of California: a temporary easement for construction in conjunction with public street and public utility purposes over, under, upon and across said real property together with the right to construct, grade, remove and deposit soil, vegetation, and construction materials, conduct operations related to the construction of adjacent facilities and features, clear landscape, inspect, and maintain within the bounds of said easement as described in Exhibit "A" consisting of 1 page, attached hereto and made a part hereof. (Exhibit "B" consisting of 1 page is attacned for clarity only.j Easement shall expire when Coastal Rail Trail Reach 1 construction is completed and City Council records a Notice of Completion with County Recorder. DATED •^\aA€, ^[^JO/.^ OWNERl McMahon Furniture Company By: (Sign Here) (Print Name Here) (Title) (Sign Here) _J (Print Name Here) (Title) (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR 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. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Q:\EngineeringShared\Capital Improvement Program Projects\3455 Coastal Rail Trail\REACH 1 NEWXMcMahan Fumiture 155-200-04\Grant Deed of Construction Easement - McMahan.doc REV 4/5/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } County Qf^--^^\r> on U before m^T^li^^ personally appeared '^\(\\\A0 On <i\ s-el lVvv4 brt NarhC^Title of the 1 OFFICIAL SEAL BREANA AGUIRRE NOTARY PUBLIC-CALIFORNIA g COMM. NO. 1976745 ^ SAN DIEGO COUNTY MY COMM. EXP. APR. 29. 2016 J who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)ii^are subscribed to the withjjp instrument and acknowledged to me that h^^hj^hey executed the same In j3(ls/]per/their authorized capteity(ies), and that by l)|d^^/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 oiflcial seal. Place Notary Seal Above SIgna 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: Document Date: LP'^^ ^ Signer(s) Other Than Named Above: '. Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: • • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): __ • Partner — • Limited • G^eral • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER fop of thumb here Signer Is Representing:. ©2007 National Notary Assodation-9350 De Soto Ave, P.O.BoxM02»Chatsw^ 91313-2402-vyww.NationalNotary.org Jtem#5907 Reorder. CalToH-Fwe1-8aW76-€827 Q:\EngineeringShared\Capital Improvement Program Projects^455 Coastal Rail TrailXREACH 1 NEWXMcMahan Furniture 155-200-04\Grant Deed of Construction Easement - McMahan.doc REX/ 4/5/10 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 155-200-04 GRANTOR: MCMAHAN FURNITURE COMPANY LEGAL DESCRIPTION BEING A PORTION OF LOT 18 OF SEASIDE LANDS. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722. AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 28, 1921. LYING EAST OF THE EAST LINE OF THAT CERTAIN RIGHT-OF-WAY AS DESCRIBED IN GRANT DEED TO THE STATE OF CALIFORNIA, RECORDED AUGUST 20, 1934 IN BOOK 316, PAGE 309 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. AND LYING NORTHWESTERLY OF A LINE THAT IS PARALLEL WITH AND DISTANT 185 FEET. MEASURED AT RIGHT ANGLES, NORTHWESTERLY FROM THE DIVIDING LINE BETWEEN LOTS 17 AND 18 IN SAID SEASIDE LANDS; ALSO THAT PORTION OF THE SOUTHWESTERLY HALF OF "STATE HIGHWAY AS SHOWN ON SAID MAP NO. 1722, ADJOINING THE ABOVE DESCRIBED PARCEL OF LAND ON THE NORTHEAST, CLOSED TO PUBLIC USE ON NOVEMBER 9, 1931 BY ORDER OF THE BOARD OF SUPERVISORS OF SAID COUNTY, A CERTIFIED COPY OF WHICH ORDER WAS RECORDED NOVEMBER 16, 1931 IN BOOK 69, PAGE 23 OF OFFICIAL RECORDS. IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 18. THE NORTHERLY LINE OF SAID LOT 18 BEARS NORTH 89°27'36" WEST (RECORD NORTH 89^50' WEST PER MAP NO. 1722); THENCE AT A RIGHT ANGLE TO THE NORTHEASTERLY LINE OF SAID LOT 18. NORTH 54'*10'50" EAST, 1.86 FEET TO THE NORTHEASTERLY LINE OF THAT PORTION OF SAID SOUTHWESTERLY HALF OF "STATE HIGHWAr CLOSED TO PUBLIC USE. AS DESCRIBED ABOVE. ALSO BEING A POINT ON A NON-TANGENT 830.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY. A RADIAL LINE TO SAID POINT BEARS SOUTH 50''20'34"WEST; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE AND SAID CURVE. THROUGH A CENTRAL ANGLE OF 04*'26'16", AN ARC DISTANCE OF 64.29 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE AND SAID CURVE, THROUGH A CENTRAL ANGLE OF 0ri3'28". AN ARC DISTANCE OF 17.74 FEET; Page 1 of 2 THENCE CONTINUING SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE AND TANGENT TO SAID CURVE. SOUTH 45"19'10'' EAST, 24.74 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE, NORTH 67**33'54" WEST. 16.20 FEET; THENCE SOUTH 67''33'19'' WEST, 44.78 FEET TO THE EAST LINE OF THAT CERTAIN RIGHT-OF-WAY AS DESCRIBED IN GRANT DEED TO THE STATE OF CALIFORNIA, RECORDED AUGUST 20. 1934 IN BOOK 316, PAGE 309 OF OFFICIAL RECORDS, ALSO BEING A POINT ON A NON-TANGENT 1250.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 79''03'20'' EAST; THENCE NORTHERLY ALONG SAID EAST LINE AND SAID CURVE. THROUGH A CENTRAL ANGLE OF 02"19'27", AN ARC DISTANCE OF 50.70 FEET, TO THE BEGINNING OF A NON-TANGENT 5.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 54'*32'04" WEST; THENCE EASTERLY ALONG SAID CURVE. THROUGH A CENTRAL ANGLE OF 73°05'34". AN ARC DISTANCE OF 6.38 FEET; THENCE TANGENT TO SAID CURVE. SOUTH 7r26'30" EAST, 32.97 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1674 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT. DATE Page 2 of 2 EXHIBIT 'B' SHEET 1 OF 1 POC NE'LY COR LOT 18 N 89'27'36''W _ (N89'50'W MAP 1722) N'LY LINE OF LOT 18 E'LY LINE OF ROW PER BK 316, PC 309 O.R. SCALE: \ \ NE'LY LINt OF STREET VACATION PER BK 69, FG 23 O.R. 103 1/ y / y \ = EASEMENT AREA ROS 1B944 CURVE DELTA RADIUS LENGTH 01 01'13'28" 830.00' 17.74' 02 02'19'27'' 1250.00' 50.70' 03 73'05'34" 5.00' 6.38' COURSE BEARING DISTANCE Ll N 54'10'50" E 1.86' L2 S 45'19'10" E 24.74' L3 N 67'33'54" W 16.20' bfiArlnc. lond planning. cMI engineering, surve^ng 4AND A. MARQiS P.I/.S. 5941 'DATE: elz^jzoiV 5115 Avenida Encinas Suite L Carisbad, California 92008-4387 (760) 931-8700 TEMPORARY CONSTRUCTION EASEMENT OVER AND PORTION LOT 18 OF SEASIDE LANDS MAP NO. 1722 AND A PORTION OF VACATED STATE STREET, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA K.\SU/iV£Y\DArA\t252\»urv-baM- 12S2.DWG CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Temoorarv Easement For Construction in Coniunction with Public Street and Public Utility Purposes dated June 21, 2013, from McMahan Furniture Company, a California Corporation, Owner, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council ofthe 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 16, 2013 REISIHSER, Senior Depility Clerk (SEAL)