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HomeMy WebLinkAbout3901; Real Estate Collateral Management Company; 2006-0671965; Easement4773 2006-0671965 tie 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 SEP 21, 2006 9:48 AM OFFICIAL RECORDS bAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,I, SMITH, COUNTY RECORDER FEEb: 000 OC: NA PAGES: 9 2006-0671965 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.: Project No. & Name: FIRE STATION NO. 6 223-617-04-00 3901 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: Parcel A an EASEMENT FOR GENERAL UTILITY AND ACCESS PURPOSES over, under, upon and across the real property together with the right to inspect, operate, maintain, repair and replace said facilities within the bounds of said easement and; Parcels B-1 & B-2 consisting of TEMPORARY CONSTRUCTION EASEMENTS over, under, upon and across the real property together with the right to construct, grade, remove and deposit soil 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 for the following purpose: temporary construction area for drainage structures, excavation and embankment slopes, temporary material storage and other uses related to construction of the access road from Rancho Santa Fe Road to Fire Station No. 6 as described in Exhibit "A" consisting of three (3) pages, attached hereto and made a part hereof. Exhibit "B" consisting of three (3) pages is attached for clarity only. The Grantor hereby further offers to Grantee all trees, growths (growing or that may hereafter 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 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 construction easement hereby conveyed by reason of the location, construction, landscaping or maintenance of the access road and utilities. Word\Masters\Forms\Grant Deed of Easement - City 6/1/00 4774 The temporary construction easements shall terminate upon recordation by the City of Carlsbad of the Notice of Completion for Fire Station No. 6, Project No. 3901. DATED STATE OF CALIFORNIA • COUNTY OF CAN DICQO REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation (Name of Company) On a \,before me, By: Name: (Signatdre) Fred Schimel (here insert name and title of the offi personally appeared £&*$> r), (Type or Print) Title: Vice President personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my Signature: (Type or Print) By: Name: Title: (Signature) (Type or Print) (Type or Print) DIANA C NOTARY PUBLIC, COMMISSION Word\Masters\Forms\Grant Deed of Easement - City 6/1/00 4775 EXHIBIT "A" LEGAL DESCRIPTION VESTING: REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION APN: 223-617-04 PARCEL A - ACCESS AND UTILITY EASEMENT THAT PORTION OF LOT 197 OF CITY OF CARLSBAD CT 99-04-01 .VILLAGES OF LA COSTA .- LA COSTA OAKS SOUTH, ACCORDING TO MAP THEREOF NO. 14379 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 29, 2002 AS FILE NO. 2002- 0358064, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SATO LOT 197 THENCE ALONG THE WESTERLY LINE OF SAID LOT 197 SOUTH 31 °05'30" EAST, 36.33 FEET; THENCE CONTINUING ALONG SATO WESTERLY LINE OF SATO LOT 197 SOUTH OIWOO" EAST, 118.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°00'00" EAST, 0.06 FEET; THENCE SOUTH 22°00'00" WEST, 64.61 FEET; THENCE LEAVING SAID WESTERLY LINE OF LOT 197 SOUTH 89°53'58" EAST 71.56 FEET TO THE EASTERLY LINE OF SAID LOT 197 BEING THE WESTERLY RIGHT OF WAY OF RANCHO SANTA FE ROAD AS SHOWN ON SATO MAP 14379 AND A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2463.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 67°04'05" WEST; THENCE NORTHERLY ALONG SAID CURVE AND SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 1 °31 '24" AN ARC DISTANCE OF 65.48 FEET; THENCE LEAVING SATO EASTERLY LINE NORTH 89°53'58" WEST, 73.67 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4,347 SQUARE FEET MORE OR LESS PARCEL B-1 - TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF LOT 197 OF CITY OF CARLSBAD CT 99-04-01,VILLAGES OF LA COSTA - LA COSTA OAKS SOUTH, ACCORDING TO MAP THEREOF NO. 14379 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 29, 2002 AS FILE NO. 2002- 0358064, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SATO LOT 197 THENCE ALONG THE WESTERLY LINE OF SAID LOT 197 SOUTH 31°05'30" EAST, 36.33 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE OF SAID LOT 197 SOUTH 01°00'00" EAST, 97.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°00'00" EAST, 21.28 FEET; Page 1 of 3 4776 THENCE LEAVING SATO WESTERLY LINE SOUTH 89°53'58" EAST, 73.67 FEET TO THE EASTERLY LINE OF SAID LOT 197 BEING THE WESTERLY RIGHT OF WAY OF RANCHO SANTA FE ROAD AS SHOWN ON SAID MAP 14379 AND A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2463.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 65°32'41"WEST; THENCE NORTHERLY ALONG SATO CURVE AND SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 1°09'30" AN ARC DISTANCE OF 49.79 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 66°33'18" WEST, 43.57 FEET; THENCE SOUTH 25°06'29" WEST, 26.17 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53°07'23" AN ARC DISTANCE OF 18.54 FEET; THENCE TANGENT TO SAID CURVE SOUTH 78°13'52" WEST, 30.65 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH: PARCEL B-2 - TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF LOT 197 OF CITY OF CARLSBAD CT 99-04-01,VILLAGES OF LA COSTA - LA COSTA OAKS SOUTH, ACCORDING TO MAP THEREOF NO. 14379 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 29,2002 AS FILE NO. 2002- 0358064, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SATO LOT 197 THENCE ALONG THE WESTERLY LINE OF SATO LOT 197 SOUTH 31°05'30" EAST, 36.33 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE OF SAID LOT 197 SOUTH 01°00'00" EAST, 119.01 FEET; THENCE SOUTH 22°00'00" WEST, 64.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SATO WESTERLY LINE OF LOT 197 SOUTH 89°53'58" EAST 71.56 FEET TO THE EASTERLY LINE OF SAID LOT 197 BEING THE WESTERLY RIGHT OF WAY OF RANCHO SANTA FE ROAD AS SHOWN ON SAID MAP 14379 AND A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2463.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 67°04'05" WEST; THENCE SOUTHERLY ALONG SATO CURVE AND SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 1°18'43" AN ARC DISTANCE OF 56.40 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 69° 15'40" WEST, 26.44 FEET; THENCE NORTH 10°11 '33" EAST, 6.23 FEET; THENCE NORTH 20°20'39" EAST, 10.33 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 10.00 FEET; Page 2 of .3 4777 THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 96°14'17" AN ARC DISTANCE OF 16.80 FEET; THENCE TANGENT TO SAID CURVE NORTH 75°53'38" WEST, 27.01 FEET TO SAID WESTERLY LINE OF LOT 197; THENCE ALONG SAID WESTERLY LINE NORTH 22°00'00" EAST, 7.96 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 5,346 SQUARE FEET MORE OR LESS SAID TEMPORARY CONSTRUCTION EASEMENT SHALL TERMINATE WITHIN 30 DAYS OF THE FILING OF NOTICE OF COMPLETION OF THE ACCESS AND UTILITY IMPROVEMENTS. EXHIBIT 'B' A MAP ATTACHED HERETO AND MADE A PART HEREOF THIS DOCUMENT THIS REAL PROPERTY DESCRIPTION AND PLAT HAVE BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. MICHAEL SCHLUMPBERGER, PLS 7790 DATE Page 3 of 3 4778 4779 I 8¥ 00 go x LU 3 3 o F XUJ si 1/58^00 O QZUJCL^CO < Q £ C/l I QZ OUl< If)H-Q. 00 <3 O £82-? <UJ_LL) •«*•o i CM CM O V)a:o COCOLiJ COCO 00CO o o z£ <LU <Q CN UJ UJ X CO COoo CN CD >- CC< =3or CD UJu. LU ft < CMUJ | o *- DO i < CL < UJ <Ul UJ ri LJQ 10 Q ro XX X 4780 4781 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated August 21. 2006. from Real Estate Collateral Management Company, 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: September 12. 2006 nt City Clerk