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HomeMy WebLinkAbout3455; McMahan Furniture Company; 2013-0525826; Easement(l>p otnti iCPO DOCtt 2013-0525826 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 IVIAIL TAX EXEIVIPT STATEIVIENTS 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 UNE 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.: Project ID: Related Project ID: Related Project ID: Project Name: 155-200-04 CIP#3455 DWG No. 476-1 PR#12-49 Coastal Rail Trail Reach 1 GRANT DEED OF 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: an easement for PUBLIC ROAD AND UTILITY PURPOSES over, under, upon and across said real property as described in Exhibit "A", attached hereto and made a part hereof. Exhibit "B" is attached for clarity only. OWNER: McMahan Furniture Company By: 9Cti^ J ^^=^-<-^/YW^ (Sign Here) (Print Name Here) (Title) ^n Here) ^ (Print Name Here) ^ (Title) DATED June:. A)^ ^013 (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 Furniture 155-200-04\Grant Deed of Road Easement - McMahan .doc REV 4/15/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } county nf'^TXll^ ^lQ9yP3 On io-'U\^ before mer!^iSOk^O^ personally appeared ^/\O\\\AS^ QaV^O\A^^ InserM^me and Title of the Offiqer ± Signer(s) "^A BREANA.-:: i^*^ NOTARY P1J6LC COMi"- - • OFFICIAL SEAL BREANAAGUIRRE NOTARY PUBLIC-CALIFORNIAS COMM. NO. 1976745 ' SAN DIEGO COUNTY MY COMM. EXP. APR. 29. 2016 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iji^re subscribed to the within Instrument and ackndwiedged to me that hfgrs^e/Xhey executed the same In^s/l^erAheir authorized cafiacity(ies), and that by lii^/ljBT/tfieir 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. J Place Notary Seal Above WITNESS my hand Signati OPTIONAL Though the Inldrmation below is not required by law, it may prove valuat^e 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 nnr..m.nt^v.CXl^ 4" ^'\^:;iCLac( CPf jP^C^-s^/W^iO Document Date: 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Tltle(s): __ • Partner — • Limited • G^eral • Attorney in Fact • Trustee • Guardian or Conservator • other: RIGHTTHUrvlBPRlNT OF SIGNER Top of thumb hbre Signer Is Representing:. ©2007NadonalNotary Associatkxi«9350De Soto Ave., RO^Box^ 91313%2402«vvvvw.NatiorialNotary.org Item #5907 ReorderCalToll-Fi!Be1-800^7&«827 Q:\EngineeringShared\Capital Improvement Program Projects\3455 Coastal Rail TraiM^EACH 1 NEWXMcMahan Furniture 155-200-04\Grant Deed of Road Easement - McMahan.doc REV 4/15/10 EXHIBIT "A" PUBLIC ROAD AND UTILITY 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 HIGHWAr 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: BEGINNING 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 HIGHWAY" 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; THENCE LEAVING SAID NORTHEASTERLY LINE AND SAID CURVE, NORTH 7r26'30" WEST. 32.97 FEET TO THE BEGINNING OF A TANGENT 5.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; Page 1 of 2 THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 73''05'34", AN ARC DISTANCE OF 6.38 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 76M3'53'' EAST; THENCE NORTHERLY ALONG SAID EAST LINE AND SAID CURVE, THROUGH A CENTRAL ANGLE OF 0r48'10", AN ARC DISTANCE OF 39.33 FEET, TO THE NORTHERLY LINE OF SAID LOT 18; THENCE EASTERLY ALONG SAID NORTHERLY LINE, SOUTH 89°27'36" EAST, 2.14 FEET TO THE POINT OF BEGINNING. CONTAINING 678 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 SHEET 1 OF 1 FOB NE'LY COR LOT 18 N 89*27 je^W ^ (N89'50'W MAF 1722) ^ N'LY LINE OF LOT 18 SCALE; /" = 20' E'LY LINE OF ROW PER BK 316, FG 309 O.R. i/y y y J = EASEMENT AREA CURVE DELTA RADIUS LENGTH 01 1'48'10" 1250.00' 39.33' 02 73'05'34" 5.00' 6.38' COURSE BEARING DISTANCE Ll N 89'27'36" W 2.14' L2 N srio'so" E 1.86' bhA^lnc. land planning, civil engineering, surwying ABMAND A. MAR01S P.. DATE: ^/ZmolV 5115 Avenldo Encinas Suite L Carisbad, California 92008-4387 (760) 931-8700 FUBLIC ROAD AND UTILITY EASEMENT OVER AND FORTION LOT 18 OF SEASIDE LANDS MAF NO. 1722 AND A FORTION OF VACATED STATE STREET, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA K:\SURVEY\DATA\ t2S2\aurv-baae-1252.DWG CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement For PUBLIC ROAD AND UTILITY PURPOSES dated June 21, 2013, from McMahan Furniture Company, a Califomia Corporation, Owner, to the City of Carlsbad, California, a municipal 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 16, 2013 ierk .s<sB>^^ (SEAL)