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HomeMy WebLinkAbout3811; CB Ranch Enterprises; 2009-0149914; EasementDGC# 2009-0149914 ocnd 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 MAR 25, 2009 2:09 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER. 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 ( ) 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.: 211-022-21 Project ID: CIP3811 Related Project ID Project Name: Palomar Airport Road Widening GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CB RANCH ENTERPRISES, 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 STREET AND PUBLIC UTILITY PURPOSES upon, through, under, over, and across said real property as described in Exhibit "A", attached hereto and made a part hereof. Exhibit "B" is attached for clarity only. DATED rwt\ OWNER: CBRAN corpor; NTERPRISES, a California X&'Calkins, President (NOTARIAL ACKNOWLEDGMENT OF OWNER(S) MUST BE ATTACHED.) EXECUTION BY By: NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUCE 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. S:\MRB\Flower Fields-CB Ranch\FFDriveway\City easement for PAR driveway decel lane.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On&hGkr^ personally appeared A before me, 1 pKgr Here Insert Name and TWof the Officer ATWo >s N A . £ lame(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name@-is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in -W&te/their authorized capacity(je?), and that by hia/hentheir signature^ on the instrument the persong/, or the entity upon behalf of which the personfey acted, executed the instrument. MONICA R. BROWNING CommiMlon # 1753681 Notary Public - California San Dl»go County MyComm ExpfeM JU16.2011 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 official seal. Place Notary Seal Above OPTIONAL -/Wxvi^* f Notary Public (JSignature of Notary Public 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:Number of 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 Conservat D Other: Signer Is Representing: rfgner'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 THUMBPRINT OF SIGNER i Top of thumb here ffl2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 SAMRB\Flower Fields-CB Ranch\FFDriveway\City easement for PAR driveway decel lane.doc EXHIBIT "A" LEGAL DESCRIPTION APN: 211-022-21 VESTING: CB RANCH ENTERPRISES, A CALIFORNIA CORPORATION THAT PORTION OF LOT 1 OF CARLSBAD TRACT NO. 94-09, CARLSBAD RANCH UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357 RECORDED SEPTEMBER 11, 1996, AS FILE NO. 1996-0463214 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE WESTERLY LINE OF SAID LOT 1 NORTH 02°08'53" EAST (NORTH 02°08'40" EAST RECORD PER MAP NO. 13357) 40.99 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 87°51 '07" EAST 11.00 FEET TO A POINT ON THE EASTERLY LINE OF A STREET AND PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF CARLSBAD, RECORDED FEBRUARY 11, 1992, AS DOC. NO. 1992-0076195, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING OF A STREET AND PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF CARLSBAD, RECORDED SEPTEMBER 21, 1999, AS DOC. NO. 1999-0645232, BOTH OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON A NON-TANGENT 25.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL FROM SAID POINT BEARS SOUTH 87°50'57" EAST; THENCE ALONG THE NORTHERLY LINE OF SAID STREET AND PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF CARLSBAD, RECORDED SEPTEMBER 21, 1999. AS DOC. NO. 1999-0645232 THE FOLLOWING COURSES: SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°58'37" A DISTANCE OF 39.26 FEET; THENCE SOUTH 87°49'34" EAST 350.00 FEET TO THE BEGINNING OF A 210.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°13'43" A DISTANCE OF 52.15 FEET; THENCE SOUTH 73°35'51" EAST 6.40 FEET TO THE BEGINNING OF A 190.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16° 11 '00" A DISTANCE OF 53.67 FEET TO THE BEGINNING OF A 2178,00 FOOT RADIUS COMPOUND CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°49'18" A DISTANCE OF 31.23 FEET TO THE TRUE POINT OF BEGINNING; (i; THENCE LEAVING THE NORTHERLY LINE OF SAID STREET AND PUBLIC UTILITY EASEMENT NORTH 42002'01" EAST 28.55 FEET TO A POINT ON A NON-TANGENT 31.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL FROM SAID POINT BEARS NORTH 42°02'01"EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44°10'51." A DISTANCE OF 24.29 FEET; THENCE NORTH 87°51'10" EAST 128.62 FEET TO THE BEGINNNING OF A 2334.50 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4° 13' 18" A DISTANCE OF 172.01 FEET; THENCE SOUTH 87°55'32" EAST 122.29 FEET TO THE BEGINNING OF A 451.60 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°12' 17" A DISTANCE OF 72.55 FEET TO THE BEGINNING OF A 434.00 FOOT RADIUS REVERSE CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6°33'08" A DISTANCE OF 49.63 FEET; THENCE SOUTH 85°16'39" EAST 32.80 FEET TO SAID NORTHERLY LINE OF SAID STREET AND PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF CARLSBAD, RECORDED SEPTEMBER 21, 1999, AS DOC. NO. 1999-0645232 THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING COURSES: NORTH 89°08'46" WEST 13.39 FEET; THENCE NORTH 87°50'33" WEST 259.92 FEET TO THE BEGINNING OF A 2322.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4° 18*23" A DISTANCE OF 174.52 FEET; THENCE SOUTH 87°51 '04" WEST 111.59 FEET TO THE BEGINNING OF A 2178.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°32'47" A DISTANCE OF 58.78 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 6,754 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B". THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. MICHAEL SOHLUMPBERGER, PLS 7790 DATIE^ NOTE: DATA SHOWN HEREON IS BASED ON RECORD INFORMATION.EXHIBIT "B"500' GRAPHIC SCALE 1 INCH = 500 FT. POINT OF COMMENCEMENT SOUTHWEST CORNER OF LOT 1. PALOMAR AIRPORT ROAD EXISTING EASEMENTS /T\ EXIST. OPEN SPACE EASEMENT OVER ALL OF LOT 1 ^ PER MAP 13357. (g\ EXIST. OPEN SPACE EASEMENT TO THE CITY OF W CARLSBAD REC. 7-5-1989 AS F/P 89-354161 O.R. ©EXIST. SLOPE & CONSTRUCTION EASEMENT TO THE CITY OF CARLSBAD REC. 6-14-1995 AS DOC. NO. 1995-0249015 O.R. ©EXIST. S.D.G.& E. EASEMENT REC. 5-22-1997 AS DOC. NO. 1997-237170 O.R. Right-Of-Way Engineering Services, Inc. tiBnd Surveying 4167 Avenida de la Plata Ste, 114 • Oceanside. CA 92056 (760) 732-1366 FAX (760) 732-1367 FILE NAME: Palomar Airport Road Esmts.dwg JOB NO. 0813-0110-07 THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. MICHAEL L. SCHLUMPBERGER, PLS 7790 CITY OF CARLSBAD VESTING: CB RANCH ENTERPRISES, A CALIFORNIA CORPORATION DATE: JANUARY 29, 2009 SHEET 1 OF 3 EXHIBIT "B" SEE BELOW RIGHT GRAPHIC SCALE 1 INCH - 50 FT. S 73-35'51 6.40' SEE SHEET 3 NORTHERLY LINE OF STREET AND PUBLICUTILITY EASEMENTGRANTED TO THE CITYOF CARLSBAD, REC. 9-21-1999. AS DOC. NO. 1999-0645232. 87'51 "07" E 11.00' inUJ >O LU Is(A. NORTHERLY LINE OF STREET AND PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF CARLSBAD, REC. 9-21-1999. AS OOC. NO. 1999-0645232. Otr o Q_ N 42'02'Or E <R) 28'55' 0 / A=0'49"18" -" 1=31.23' N 0?'08'53" F 40.99' (N 02'08'40" F RECORD PER MAP 13357) S 73'35'Sr E 6.40' SEE ABOVE LEFT PASEO DEL NORTE POINT OF COMMENCEMENT! SOUTHWEST CORNER OF LOT 1. CITY OF CARLSBAD VESTING: CB RANCH ENTERPRISES. A CALIFORNIA CORPORATION DATE: JANUARY 29, 20091 SHEET 2 OF 3 EXHIBIT "B" GRAPHIC SCALE 1 INCH - 50 FT. NORTHERLY LINE OF STREET AND PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF CARLSBAD, REC. 9-21-1999, AS DOC. NO. 1999-0645232. SEE SHEET CITY OF CARLSBAD VESTING: C8 RANCH ENTERPRISES. A CALIFORNIA CORPORATION DATE: JANUARY 29. 2009[ SHEET 3 OF 3 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated February 18, 2009, from CB Ranch Enterprises, 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: March 20. 2009 SHERRY FF^ISINGER, Efteputy Clerk (SEAL)