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HomeMy WebLinkAbout3957; |Chestnut Carlsbad LLC|Fornal and Bernard|; 2013-0451270; Easement4 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 DOCtt 2013-045 llllllllllllll lllll 270 lllll JUL 19, 2013 10:08 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 167-080-33-00 ProjectID: Related Project ID: Related Project ID: Project Name: Widening PR 12-43 (PRI 20043) CIP 3957 El Camino Real Road GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Chestnut Carlsbad LLC, J. Curtis & Kathleen Fornal an undivided 1/2 Interest and Floyd Jr. & Lynn Bernard an undivided 1/2 interest. 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 SLOPE AND CONSTRUCTION PURPOSES over, under, upon and across said 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 as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. (Exhibit "B" consisting of two (2) pages is attached for clarity only.) This temporary slope and construction easement shall automatically expire once the City of Carlsbad accepts the improvements for El Camino Real Road Widening. OWNER: V, By: (Sign HereLr ' (Print Name Here) (Print Name Here) /0^.i^<^ (Title) Q:\EngineeiingSharecl\Capital Improvement Program Projects\3957 Slope Construction, revised 4-15-10 (Half Vested) LOT 26.docx DATED AfAPrJf <f . T (NOTARIAL ACKNOWLEDGMENT OWNER(S) MUST BE ATTACHED.) OF EXECUTION BY 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. ECR Widening Tamarack to ChestnutNProperty Aquisition\Half Vested\Grant Deed of Easennent Gity REV 4/5/10 CALIFORMIA ALL-PURPOSE ACKNOWLEDQMENT State of California County Qi'San V(^g>o } On /Thr. ^.JOI 3 before me, c5"/?e//u /€. ^i^fnq. A/oh/x^ /^blfL Dale Insert Name anefTitie of t» Officer personally appeared ^Ipodj Bernat^L .Tir- ^/>^ Lu H^irnc^ird^ SHELLY R. RAMING Commission No. 1878924 NOTARy PUBUC - CAUFORNIA SAN DIEGO COUNTY My Comm. Expiras Februaiy 2,2014 Pla<» Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Je/are subscribed to the within instrument and aclcnowledged to me that Net%lM/they executed the same in Mw/their authorized capacity(ies), and that by We/her/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 tme and correct. WITNESS my hand and official seal. Signature OPTIONAL - Sigpiature of Notary Public Though the infomiation below is not required by law, it may prove valuable to persons relying on tfj© 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 Pages: Signer(s) Other Them Named Above: CapacltyCfes) Cialmed by Signer(s) Signer's Name:. • Individual • Corporate Officer — Title(s): • Partner — • Umited • 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—Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: . Signer Is Representing: RIGHTTHUMBPRINT OF SiGNER Top of thumb here ©2007 Natlofwt Notoy Associafion* 9350 Da Soto Ave., P.O.Box 2402 •Chatswortti, CA 91313-2402* www.NaflwsrfNotaryorg Item #5907 Reorder Cal TothRBe 1-800^76-6827 Q:\EngineeringShared\Capital Improvement Program Projects\3957 - ECR Widening Tamarack to Chestnut\Property Aquisition\Half Vested\Grant Deed of Easement City Slope Conslruction, revised 4-15-10 (Half Vested) LOT 26.docx REV 4/5/10 CALiroRNIA ALL»PIIRPOSE AOKNOWLEDQilENT State of California } County ot $00 Qi^jCp ^ Ham IreMwt Nama andTO« Of the Oflcer personally appeared On Oats Nanie(8) of Signeits} 5i?55m TONI L IWINIRMANI COMIW. # 1913351 S NOTARY PUBUC - CAUFORNIA 5/ SAN DIEGO COUNTY 0 COMM. EXPIRES NOV. 15, 2014 who 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 acl<nowledged to me that he/she/they executed the same In his/her/their authorized capacity<les), and that tjy his/her/their signafejre(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, ©cecuted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place HfAnoi SCKM Mwve WITNESS my hand and official seal, jj^i d. Yli/nM/xrur? Signature OPTIONAL - Though ffm infomnal bekm is not required tsy law, it may prove valuat^ to persons relying on the dooiment and could prevent fraudulent removal and reattadiment of this form to another document Description of Attached Document Title or Type of Document: Document Date:. Signer(s) Other Than Named Above: Numt^r of Pages: Capacity(fe8) Claimed by Signer{s) Signer's Name:. • • individual Corporate C^er—Trtle(s): Partner — • Limited • Qeneral Attorney in Fact Trustee Gueu^dian or Conservator Other: RIGHTTHUMBPRINT OF SIGNER Top of ttiumb here Signer Is Representing:. Signer's Name: • Individual • Corporate Offfcer—Trt!e(s): _ • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer (s Representing: RIGHTTHUMBPRINT OF SIGNER Top of ftiumb here ©2007 lteton«IN«aryAS80<*tfon»l^ DeSoto Ave., RaB<a24{^ ltero#590r Reofcier:<^Tbl-F^1-«00-876-6827 Q:\EngineeringShared\Capital Improvement Program Projects\3957 - ECR Widening Tamarack to Chestnut\Property Aquisition\Half Vested\Grant Deed of Easement City Slope Construction, revised 4-15-10 (Half Vested) LOT 26.docx REV 4/5/10 55 A 55 EXHIBIT A LEGAL DESCRIPTION APN 167-080-33 (CHESNUT CARLSBAD, LLC) TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF LOT 26 OF CHESNUT HEIGHTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 5328, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 17, 1964 AND MORE PARTICUURLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 26; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 26, SOUTH 89*46'43" EAST A DISTANCE OF 201.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 18*33'48" EAST A DISTANCE OF 91.32 FEET TO THE EASTERLY LINE OF LOT 26; THENCE ALONG SAID EASTERLY LINE NORTH a6*04'33" WEST A DISTANCE OF 86.98 FEET TO THE NORTHERLY LINE OF SAID LOT 26; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 26, NORTH 89*46'43" WEST A DISTANCE OF 19.87 TO THE TRUE POINT OF BEGINNING. CONTAINING 859 SQUARE FEET, MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER THE SUPERVISION OF: MONTE'L BOWERS, RCE 26493 REGISTRATION EXP.: 3-31-14 DATE EXHIBIT "B" OWNER: CHESNUT CARLSBAD. LLC A DELAWARE LIMITED LIABILITY COMPANY EL CAMINO REAL CARLSBAD, CA. 92008 BASIS OF BEARING: THE NORTHERLY LINE OF LOT 26 AS SHOWN ON MAP 5328. I.E. N 89-46'43"W UNDER THE SUPERVISION OF: VICINITY MAP NOT TO SCALE LEGEND: ( ) P.O.B. AREA OF EASEMENT TO BE ACQUIRED 859 SQ. FT ± INDICATES RECORD BEARING POINT OF BEGINNING EASEMENT NOTES: ®- 4' PUBLIC UTILITY EASEMENT PER INSTRUMENT NO. 80203 RECORDED 5-4-1964 (D- 30' RIGHT OF WAY EASEMENT FOR ROAD AND UTILITY PER INSTRUMENT NO. 86-167963 RECORDED 4-30-1986 MONT^ L BOWERS RCE 26493 REGISTRATION EXP.: 3-31-14 DATE ^^^^^ CITY OF CARLSBAD ^^^^^ EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCEL NO. 167-080-33 • VERITAS • DRAWN BY: SB DATE: 11-02-09 SCALE: 1"=100' SHEET NO. 11590 West Bernardo Court Suite 100 San Diego, CA 92127-1624 Tel; (858) 451-6100 Fax: (858) 451-2846 www.us.bureauveritas.com CHECKED BY: O/A DATE: 08-20-10 1 OF 2 11590 West Bernardo Court Suite 100 San Diego, CA 92127-1624 Tel; (858) 451-6100 Fax: (858) 451-2846 www.us.bureauveritas.com APPROVED BY: SS DATE: 08-20-10 1 OF 2 EXHIBIT "B" UNE TABLE UNE BEARING LENGTH Ll N 18*33'48" W 91.32' L2 N 06-04*33" W 86.98' L3 N 89"46'43'' W 19.87' SCALE: 1" = 100* CITY OF CARLSBAD EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCEL NO. 167-080-33 B U R E A U • EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCEL NO. 167-080-33 • VERITAS 1 DRAWN BY: SS DATE: 10-02-09 SCALE: 1"=100' SHEET NO. 11580 we« Bamerao couR sun* 100 San Diago. CA 82127-1624 Tal: (858) 451-6100 Fax (858) 451-2846 www.ua.burBauvaittaa.coin CHECKED BY: O/A DATE: 08-20-10 2 OF 2 11580 we« Bamerao couR sun* 100 San Diago. CA 82127-1624 Tal: (858) 451-6100 Fax (858) 451-2846 www.ua.burBauvaittaa.coin APPROVED BY: SS DATE: 08-20-10 2 OF 2 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the TEMPORARY DEED OF EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES dated March 4. 2013, from Chestnut Carlsbad LLC, J. Curtis & Kathleen Fomal an undivided V2 interest and Flovd Jr. & Lvnn Bernard and undivided interest to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No.2013-170, adopted on Mv 9, 2013, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: Julv 11,2013 ER, Senior Deputy Cle