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Home My WebLink About3957; Sprague, Jack H; 2013-0561387; EasementDOCtt 2013-05G1387 RECORDING REQUESTED FOR THE BENEFIT OF THE CnY OF CARLSBAD WHEN RECORDED MAILTO: City Cleric CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlst}ad. CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SEP 11, 2013 12:18 PM 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 ( ) computed on full value of property conve^^ed, 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: Widening 167-230-25-00 PR 12-46 (PR120046) CIP 3957 El Camino Real Road GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jack H. Sprague as Trustee ofthe Jack H. Sprague Trust the owner of real property described herein located in the City of Carisbad, San Dlego County, Califomia hereby GRANTS to City of Carisbad, a Munidpal Corporation the following described real property in the City of Carisbad, County of San Diego, State of California: an EASEMENT FOR SLOPE AND DRAINAGE PURPOSE constructed 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 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.) Reserving unto the owners ofthe above-described parcel of land, their successors or assigns, the maintenance ofthe slope, it's landscaping, and drainage pattems. Reserving unto the owners ofthe above-described parcel of land, their successors or assigns, the rights at any time to remove such slopes or portions thereof upon removing the necessity for maintaining such slopes or portions thereof or upon providing in place thereof other adequate lateral support, the design and construction of which shall be first approved by the City of Carisbad, for the protection and support of said roadway. /// /// /// /// /// /// /// /// /// /// /// /// /// /// a\Engine«1ngShared\Capttal lR«)rovsnwit Prograni Prejec(8\3067 - ECR Widening Tamerack to ChestnunPropsrty Aqui8ilion\SprBgu8\Grant Deed of Easement City Slope ConstnicHon. revised 4-16-10 (Sprague)-Parc8l 1.docx REV 4/6/10 "7 - /x-^ / ? DATED (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY By: OWNER--^^^'•'•^P'''^^'^''' "'*^*^ ^ , ^ (NOTARIAL ACKNOWLEC ^^^^zyvzL-yU-^ OWNER(S) MUST BE ATTACHED.) (Slan Here) NOTE THAT THE PRESIDENT OR ViCE4»RESIDENT AND ^ THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN , .t - FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. :^eKiJf^ VL >pr^Cji;C ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE (Print Name Here! BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE T"^.i<.4^> CORPORATION, UNDER CORPORATE SEAL ^ SPECIRCALLY EMPOWERING THE INDIVIDUAL SIGNED IN (Titie) BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS By: MATTER. (Sign Here) ,y ,3 RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (Print Name Here) (Title) aVEnglneeiinQSharedVCapStal Invfovement Program Prc<ect8\3«57 • ECR WidBnIng Tamarack to ChostnuRProperty Aquialtton\Sprague«3ram Deed of Easement Oty Sk)pe Constiuctlan. revised 4-15-10 (Sprague)-Pafcal 1.docx REV 4/6/10 LLLFPURPOSE ACKNOWLEDGMENT State of gallfernia" County of On '^I'^ll^ personally appeared before me, } ""^^^ ^^^^ '^^"Sme^e) ol ^gneKe) Notary Public State Of Washington ^ '^"-LIAMTOCONNELL PItee Notaiy Seal Above who proved to me on the basis of satisfedory evidence to be the person(s) whose name(8) is/are subscribed to the within instmment and acknowledged to me that he/she/they executed the same In Ns/herAhelr authorized capacity(ies), and that by Ns/her/their slgnature(s) on the instmment 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 €sltlomia.that the foregoing paragraph is tme and con-ect. (jjasl\ (ti^Vo n WITNESS my hand and official seal. Signature OPTIONAL - Sl0na(iireal Notaiy PubOc Though the information betow Is not r$qub9d ^ rnay prove valuable to persons relying on the document and oould prevent fraudulent removal and reattachment of this fonn to another document Description of Attached Document THIe or Type of Docunnent: Document Date: Number of Pages: Slgner(8) Other Than Named Above: CapacltyOes) Claimed by Slgner(8) ^gners Hame: • Individual • Corporate Officer —THIe(s): • Partner—• Limited • General • Attomey in Fad • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUr.lLlF^lilMT OF SlG.'JflR Top of thumb here Signer's Name: • Indivkiual • Corporate Offteer — Title(8): • Partner — • Limited • Q^eral • Attorney in Fad • Trustee • Guardian or Conservator • Other: Signer is Representing: iriGHr iHUf.iUPRirjT Top of thumb haie 02007 NattanitNot»yAaaodrtto«W60 Da Soto/<>WL.Ratoa40g»Chatwi)w^ nmmn tkom^.a^^Wm^^ea04fn^a^r a\BiglneeilngS)ared\Capltal Improvement Program Prq|ects\3967 - ECR WMening Tamarack to ChestnuMYoperty AqiisitlonNSpragueVGrant Deed of Easemert City Slope Construction, revised 4-16-10 (Spragua>.PBical 1 .docx REV 4/5/10 EXHIBIT A LEGAL DESCRIPTION APN 167-230-25 (SPRAGUE) SLOPE AND DRAINAGE EASEMENT BEING A PORTION OF LOT "J" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS PARCELS 1 AND 2 IN DEED TO JACK H. SPRAGUE AS TRUSTEE OF THE "JACK H. SPRAGUE TRUST", RECORDED SEPTEMBER 5, 1995 AS DOCUMENT NO. 1995-0392610 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER, MORE PARTICUURLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 107 AS SHOWN ON MAP THEREOF NO. 5704, EL CAMINO MESA UNIT NO. 3, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON MARCH 4, 1968, THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 107, SAID LINE ALSO BEING THE NORTHERLY LINE OF SAID PARCEL 2 AS DESCRIBED IN SAID DEED TO JACK H. SPRAGUE TRUST, SOUTH 89'50'00" EAST A DISTANCE OF 6.27 FEET; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE OF THAT ROAD KNOWN AS EL CAMINO REAL AS SHOWN ON ROAD SURVEY 1800-1 IN SAID COUNTY, SOUTH 09'47'36" EAST A DISTANCE OF 220.50 TO THE NORTHERLY LINE OF SAID PARCEL 1 AS DESCRIBED IN SAID DEED TO JACK H. SPRAGUE TRUST AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE, SOUTH 09'47'36" EAST A DISTANCE OF 356.74 FEET; THENCE NORTH 8r27'l7" EAST A DISTANCE OF 20.80 FEET; THENCE NORTH 7r22'l5" EAST A DISTANCE OF 37.29 FEET; THENCE NORTH 69'32'51" EAST A DISTANCE OF 29.07 FEET; THENCE NORTH 6ri7'30" EAST A DISTANCE OF 40.46 FEET; THENCE NORTH 15*34'40" WEST A DISTANCE OF 61.52 FEET; THENCE NORTH 25*50*00" WEST A DISTANCE OF 64.85 FEET; THENCE NORTH 15*21*04" WEST A DISTANCE OF 30.69 FEET; THENCE NORTH 07'14'26" WEST A DISTANCE OF 32.06 FEET; THENCE NORTH 2r56'54" WEST A DISTANCE OF 21.94 FEET; THENCE NORTH 15'06'01" WEST A DISTANCE OF 111.15 FEET TO THE NORTHERLY LINE OF SAID PARCEL 1; THENCE NORTH 89'50'00" WEST ALONG SAID NORTHERLY LINE OF PARCEL 1 A DISTANCE OF 85.21 FEET TO THE WESTERLY RIGHT OF WAY LINE OF THAT ROAD KNOWN AS EL CAMINO REAL AS SHOWN ON ROAD SURVEY 1800-1 IN SAID COUNTY AND BEING THE POINT OF BEGINNING. CONTAINING 0.802 ACRES (34.940 SQ. FT.), MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER THE SUPERVISION OF: MONTE a. BOWERS. RCE: 26493 REGISTRATION EXP.: 3-31-14 ^ DATE EXHIBIT "B OWNER: JACK H. SPRAGUE, AS TRUSTEE OF THE "JACK H. SPRAGUE TRUST" 4800 WILLIAMSBURG LANE |l04 \A MESA, CA. 91942 VICINITY MAP NOT TO SCALE BASIS OF BEARING: THE SOUTHERLY LINE OF LOT 107 AS SHOWN ON MAP 5704, I.E. N 89"50'00" W (N 89'50'W) LEGEND: AREA OF EASEMENT 0.802 ACRES (34,940 SQ. FT) ± PREPARED BY OR UNDER THE SUPERVISION OF: ( ) INDICATES RECORD DATA P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING MONTE U BOWERS, RCE: 26493 REGISTRATION EXP.: 3-31-14 DATE 10620 Treena Street Suite 200 San Diego, CA 92131 Tel: (858) 451-6100 Fax: (858) 451-2846 www.us.bureauveiitas.com DRAWN BY: SMC CHECKED BY: MB APPROVED BY: {[/jQ CITY OF CARLSBAD EXHIBIT "B" SLOPE AND DRAINAGE EASEMENT ASSESSOR'S PARCEL NO. 167-230-25 DATE DATE DATE 06-27-15 06-27-13 06-27-15 SCALE: 1 =100 SHEET NO. 1 OF 2 EXHIBIT "B" 'Jor I -joQ 'L CA\JVJJJ\JC) jVJ^f UNJT Na. (N 89'50" W PER MAP NO./5704) N 89*50'00" W ^ VARIES O 100 0 100\ SCALE: 1" = 100' LINE TABLE LINE BEARING LENGTH Ll N 89'50'00" W 6.27' L2 N 8r27'17" E 20.80' L3 N 7r22'15" E 37.29' L4 N 69'32'5r E 29.07' L5 N 6ri7'30'' E 40.46' L6 N 15'34'40" W 61.52' L7 N 25'50'00" W 64.85' L8 N 15'21'04" W 30.69' L9 N 0714'26" W 32.06' LIO N 2r56'54" W 21.94' L11 N 15'06'01" W 111.15' L12 N 89'50'00" W 85.21' 323 ^DiaND. 200 ^^^^^^^ CITY OF CARLSBAD ^^^^^^^ EXHIBIT "B" SLOPE AND DRAINAGE EASEMENT ASSESSOR'S PARCEL NO. 167-230-25 • VERITAS • DRAWN BY: SMC DATE: 06-27-15 SCALE: 1"=100' SHEET NO. 10620 Treena Street Suite 200 San Diego, CA 92131 Tel: (858)451-6100 Fax: (858)451-2846 www.us.bureauverltas.com CHECKED BY: MB DATE: 06-27-15 2 OF 2 10620 Treena Street Suite 200 San Diego, CA 92131 Tel: (858)451-6100 Fax: (858)451-2846 www.us.bureauverltas.com APPROVED BY: /\/f0 DATE: 06-27-7J 2 OF 2 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement for Slope and Drainage Purpose dated July 12, 2013, from Jack H. Sprague as Trustee ofthe Jack H. Sprague Trust, 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: September 6, 2013 s^"aV.SBAo% EISINGER,^enior Deputy Clerk (SEAL)