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HomeMy WebLinkAboutCDP 13-30; De Anda, Veronica; 2014-0542597; EasementRECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT DOCtt 2014-0542597 llllllll llllllllllllllllllllllllllllllllllllllll IIIII DEC 09, 2014 4:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 6 lllllllllllll SPAUC ADUVt I MIS LINt fUK KtUUKUtKb Ubt 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. Assessor's Parcel No.: Project ID: Related Project ID: Related Project ID: Project Name: 155-140-41 CDP 13-30 PR 14-38 De Anda Residence ( ) Unincorporated area: (x) City of Carlsbad, and :S[5^ GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of wtiich is hereby acl<nowledged, Veronica De Anda, an unmarried worman 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 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 special 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 \\FlLES01V\Departments\CED\LandDev\PROJECTS\CDP\CDP 13\CDP 13-30 Oe Anda Residence - BobbemCDP 13-30 Grant Deed of Easement City Openspace 081514.doc REV 01/25/13 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) page is attached for clarity only. Dated _OAUviLl OWNER: Veronica DeAnda, an unmarried woman By: (Sign Here) Veronica De Anda (Print Name Here) Owner (Title) By: (Sign Here) (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) 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. (Print Name Here) (Title) Q:\CED\LandDev\PROJECTS\CDP\CDP 13\CDP 13-30 DeAnda Residence - Bobbett\CDP 13-30 Grant Deed of Easement City Openspace 081514.docREV 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California of ^aO County } On ^•\VlJ)\^ before me, M\l\o U\{SjQrt^L. V^/^Wu ^\^AC. Date ^ Here Insert Name and Title of thr Officer personally appeared _ Name(s) of Signer(s) OFFICIAL SEAL MILO L, MCCORMAC NOTARY PUBL.iC-CALiFORNIAs COMiV. ^jO. 2053809 2 SAN OIEGO COUNTY MY COMM. EXP. DEC 23, 2017 who proved to me on the basis of satisfactory evidence to be the person(8) whose name(aiy is/are subscribed to the within instrument and acknowledged to me that tie/she/tbey executed the same in tiis/her/tbeir authorized capacity(ise), and that by J3is/her/th»ir signature(8) on the instrument the person(s^, or the entity upon behalf of which the person(9) 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. Place Notary Seal Above Signature OPTIONAL 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 Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) 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 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 National Notary Association"9350 De Soto Ave., RO.Box 2402 •Chatsworth, CA 91313-2402'wvww.NationalNotaryorg Item #5907 Reorder:CallToll-Free 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CDP\CDP 13\CDP 13-30 De Anda Residence - Bobbett\CDP 13-30 Grant Deed of Easement City Openspace 081514.dooREV 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT THAT PORTION OF TRACT NO. 3 OF LAGUNA 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 30, 1921, MORE PARTICULARLY 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, SAID POINT BEING ON THE WESTERLY LINE OF JEFFERSON STREET HAVING A HALF WIDTH OF 30.00 FEET; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 AND THE SOUTHERLY LINE OF PARCEL 2 OF SAID DEED, NORTH 89°27'37" WEST 118 67 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE OF PARCEL 2, NORTH 25°27'14" EAST 19.19 FEET; THENCE NORTH 32°50'26" EAST 9.92 FEET; THENCE NORTH 24°22'31" EAST 19.61 FEET; THENCE NORTH 13°46'59" EAST 19 83 FEET; THENCE NORTH 21°53'02" EAST 12.85 FEET TO A POINT DISTANT THEREON 75 00 FEET NORTHERLY OF THE SOUTHERLY LINES OF SAID PARCEL 1 AND PARCEL 2 MEASURED AT RIGHT ANGLES; THENCE PARALLEL WITH SAID SOUTHERLY LINES OF PARCEL 1 AND PARCEL 2 NORTH 89°27'37" WEST 116.73 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 2; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 19°15'50" WEST 79.19 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE SOUTHERLY LINE THEREOF SOUTH 89°27'37" EAST Ul 62 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 8682 SQUARE FEET, MORE OR LESS. EXHIBIT "B' OPEN SPACE EASEMENT JEFFERSON STREET ^ 30' —N 00-32'42"E J^flf)-PM LINE TABLE LINE BEARING DISTANCE Ll N2V55WE 12.85' L2 Nim'srE 19.83' LJ N24723n 19.61' L4 NJ2-50-26T 9.92' L5 N257714T 19.19' 1"=40' SAMPO ENGINEERING, INC. TTrmmimrmrmiimwTnm WL: (760) 4J6-0660 FAX: (760) 456-0659 JN: fJ->09 OC ANDA 7/30/H CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Easement for Public Street and Public Utility Purposes dated October 29, 2014, from Timothy Milligan and Jerilyn Milligan, husband and wife as community property with right of survivorship, 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: December 5, 2014 iSINGER, CMC erk / (SEAL)