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HomeMy WebLinkAboutCDP 06-25; Hagey, Edward H; 2009-0269584; EasementPLEASE COMPLETE THIS INFORMATION. SUBDIVISION DEPT. AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIV CARLSBAD, CA . 92008 DGC# 2009-0269584 MAY 21, 2009 8:00 AM,, rirriniAi DCCOCiFlQ - ~~-^** TY RECORDER'S OFHCE DAVID L BUTLER. COUNTY RECORDER FEES: 0.00 OC. NA PAGES: THIS SPACE FOR RECORDER S USE ONLY 809 GRANT DEED OF EASEMENT (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form #R25 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 810 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor's Parcel No.: 155-140-37-00 Documentary transfer tax is $0.00 Project No. & Name: 155-140-38-00 ( ) computed on full value of property conveyed, or GDP 06-25 ( ) computed on full value less value of liens and PR 09-07 encumbrances remaining at time of sale. Hagey Residence ( ) Unincorporated area: (x) City of Carlsbad, and QQt/lu GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Edward H. Hagey,' 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 open space to wit: (1) a perpetual easement/for open space over, upon, across and under the subject land and no building, structure or other thing whatsoever shall be constructed, erected, placed or maintained on the subject land except as may be permitted by a conditional use permit issued pursuant to the zoning ordinance of the City of Carlsbad. (2) the perpetual right, but not the obligation, to enter upon the subject land and remove any buildings, structures or other things whatsoever constructed, erected, placed or maintained on the subject land contrary to any term, covenant or condition of this easement and to do any work necessary to eliminate the effects of any excavation or grading or placement of sand, soil, rock or gravel or any other material done or placed on the subject land contrary to any term, covenant or condition of this easement. Grantor covenants and agrees for itself and its successors and assigns as follows: (A) that it shall not erect, construct, place or maintain, or permit the erection, construction, placement or maintenance of any building or structure or other thing whatsoever on the subject land other than such buildings, structures and other things as may be permitted by a conditional use permit issued pursuant to the zoning ordinance of the City of Carlsbad and excepting landscaping, irrigation and their appurtenances as approved by the City Engineer and Planning Director of the City of Carlsbad. (B) that it shall not use the subject land for any purpose except as open space and for park and/or recreational purposes, without the written authorization of the City of Carlsbad or its successors or assigns. (C) that it shall not excavate or grade or permit any excavating or grading to be done, or place or allow to be placed any sand, soil, rock, gravel or other material whatsoever on the subject land without the written permission of the City of Carlsbad or its successors or assigns: provided, however, that grantor may excavate, grade or place sand, soil, rock or gravel or other material on the subject land as may be permitted by a conditional use permit issued pursuant to the zoning ordinance of the City of Carlsbad or for the maintenance, repair, or replacement of landscaping, irrigation and their appurtenances as approved by the City Engineer and Planning Director of the City of Carlsbad. (D) that the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. The grant of this 811 easement and its acceptance by the City of Carlsbad shall not authorize the public or any members thereof to use or enter upon all or any portion of the subject land, it being understood that the purpose of this easement is solely to restrict the uses to which the subject land may be put. This easement shall bind the grantor and its successors and assigns. Said real property is described as Exhibit "A'^consisting of one (1) page, attached hereto and made a part hereof. Exhibit "B" consisting of one (1) pages is attached for clarity only. Dated (NOTARIAL ACKNOWLEDGMENT OF OWNER(S) MUST BE ATTACHED.) EXECUTION BY (Sign Here) Edward H. Hagey (Print Name Here) An unmarried man (Title) By: (Sign Here)7 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. (Print Nflme Here) '(Title) 812 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califrrfl Here Insitf Name and Title of tne Officer personally appeared ir(s) OFFICIAL SEAL I ARTHUR P ARQUILLA j NOTARY PUBIIC-CAUFORNIAS CXDMM. NO. 1628401 £SAN DIEGO COUNTY • MYCOMM.EXP.JAN.7,2010 \ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(1^re subscribed to the jin instrument and acknowledged to me that ne/they executed the same j£j}js/ner/their authorized "capacity(ies), and that byfe/bferTtheir signature(s) on the instrument the person(s]rr6r 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. WITNESS my Place Notary Seal Above Signature OPTIONAL / TJr \ Stgnatufe of Np&ry PJblic Though the information below is not required by law, it may prove valuable to persons relying(jnjt&clocument 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 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 Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. 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 Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toll-Flee 1 -800-876-6827 813 EXHIBIT "A" LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT PR No. 09 - 07 THAT PORTION OF TRACT NO. 3 OF LACUNA MESA TRACTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20,1921, MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 1 DESCRIBED IN A DEED TO LEO S. KARLYN, RECORDED AUGUST 7,1991, AS FILE NO. 1991-0398331 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 AND THE SOUTHERLY LINE OF PARCEL 2 OF SAID DEED, NORTH 89° 27'37" WEST 230.29 FEET TO THE WESTERLY LINE OF PARCEL 2 OF SAID DEED; THENCE ALONG SAID WESTERLY LINE NORTH 19° 15'50" EAST 79.19 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE MOST WESTERLY CORNER OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE RECORDED JUNE 11,1993, AS DOCUMENT NO. 1993-0370516 AND DOCUMENT NO. 1993-0370517, BOTH OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE SOUTH 89° 27'37" EAST 111.80 FEET; THENCE LEAVING SAID SOUTHERLY LINE OF PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE NORTH 12° 16' 10" EAST 18.57 FEET; THENCE NORTH 1° 46' 20" EAST 19.48 FEET; THENCE NORTH 7° 37' 41" WEST 21.57 FEET; THENCE NORTH 20° 53' 56" WEST 25.74 FEET; THENCE NORTH 31° 28' 22" WEST 16.95 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE THEREOF SOUTH 65° 53' 16" WEST 80.19 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE; THENCE SOUTHWESTERLY ALONG THE WESTERLY LINE THEREOF, SOUTH 19° 15' 50" WEST 67.47 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 8148 SQUARE FEET, MORE OR LESS EXIST. EASEMENT IN FAVOR OF CO. OF SAN DIEGO FOR PUBLIC ROAD 'PURPOSES REC. 2/5/41 IN BOOK \144, PAGE JO OF O.R. --NO'32'42"E 15.08' v\ \ VN\ \_N89'27'18"W \ » ' A=5'57'45" •N26'04'28"E 12.18' JEFFERSON ^STREET R=970' L=1QQ.94'- x^ ( 0 15 -~- NO'32'42"E 17.33' \ N' \\\x / 3 II , Xv 1 \ I1 1 1 /or n P.O.B. (SE COR PCL 1) \\TO-^\ 8.33' APN : 155-140-37 & 38 PCL 2, C.O.C., DOC. NO. 1993-0370516 & 1993-0370517 BOTH RECORDED 6/11/93 OF O.R. NWLY LINE OF PCL 2, C.O.C., DOC. NO. 1993-0370516 & 1993-0370517 BOTH REC. 6/11/93 OF O.R. SPACE EASEMENT r: GRANTED TO THE CITY , >¥.i'Pjr., EXIST. OPEN SPACE EASEMENT GRANTED TO THE CALIFORNIA DATA TABLE No. L1 12 L3 L4 L5 BEARING N31'28'22"W N20'53'56*W N7'37'41°W N1'46'20ttE N1216'W"E DISTANCE 16.95' 25.74' 21.57' 19.48' 18.57' LEGEND : PROPERTY LINE EASEMENT LINE AREA OF DEDICATION Lr_"l.CiL. J • 55 ^fc§§. S^s «I8 >-^?*s^*&'5'50^J( '*f9'£ ^ asgu Jy «Q °=3 ^§5? =3 QSJ .~-J S $co CL ^ SAMPO ENGINEERING, INC. ;o# aowo iv/ttiT MUM/IAS, CA 92m JEL: (760) 4X-0660 FAX: (760) 436-0659 JNi 03-127 HAGEY 3/25/09 VINCENT L SAMPO' LS 7635 EXP 12/31/10 EYM5/7" RESIDENCE COP 06-25 SHEET 1 OF 1 PR 09-07 A.P.N. 155-140-37 & 38 815 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated March 19. 2009. from Edward H. Hagev. 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: May 19. 2009 R; Deputy Clerk