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Home My WebLink AboutCT 92-03; Aviara Serenata LLC; 2001-0414278; 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 nf?c # i?~~1-#414278 Jutl 20. 2001 10:21 AME 4794 mm. fEcof@s SW DIE60 tXUHTY REC@W,‘s OFFICE Giaw &FM’ @??ioErn : lll~lllill~ll~lllirnlll~~ll1l 20014414270 SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantor(s) declare(s): Assessor’s Parcel No.: 215-900-12,13, 14,15 & 16 Documentary transfer tax is $w *2/ ( ) computed on full value of prope R y conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and Project No. & Name: CT 92-03 AVIARA PHASE III, UNIT 3 PR 00-107 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, AVIARA SERENATA, LLC A DELAWARE LIMITED LIABILITY COMPANY 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 special 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 special 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, g’rade 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 Word\Masters\Forms\Grant Deed of Easement - City 6/l/00 4795 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. All as described in Exhibit “A” consisting of three (3) pages, attached hereto and made a part hereof. Exhibit “B” consisting of four (4) pages is attached for clarity only. DATED hancll 3,-f AVIARA SERENATA, LLC a Delaware limited liability company (Name of Company) STATE OF CALIFORNIA COUNTY OF &8%& By: Pical Housing Associates, L.P., a California limited partnership, its sole member By: The Prudential Insurance Company of America, a New Jersey corporation, its general oartner personally known to me (pf to be the person(s) whose name(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and off icial<seal, Signature: NOTARY PUBLIC~CALiFORNlA By: ‘IHP Investment Advisors LLC., a Delaware limited liability company, its attorney-in-fact By: Institutional Housing Partners, ILP., a California limited partnership, its sole member By: Institutional Housing Partner, Inc., a California corporation, its (Type or print title) By: (Type or p%int title) Word\Masterr\Forms\Grant Deed of Easement -City 6/l 100 * / . ’ 4?96 EXHIBIT 'A' LEGAL DESCRIPTION OPEN SPACE ACQUISITION PR NO. 00-107 PARCEL 'A' BEING A PORTION OF LOT 67 OF CARLSBAD TRACT NO. 92-3, AVIARA PHASE III UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13463 FILED IN THE OFFICE OF SAID COUNTY RECORDER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 67; THENCE ALONG THE SOUTH- WESTERLY LINE OF SAID LOT 67 1. NORTH 71O53'02" WEST 10.34 FEET 2. NORTH 14OO3'47" EAST 27.92 FEET; 3. SOUTH 46O19'41" EAST 25.09 FEET 4. SOUTHWESTERLY 20.05 FEET TO THE MOST SOUTHERLY CORNER OF AN OPEN SPACE EASEMENT IN SAID LOT 67 DEDICATED PER SAID MAP NO. 13463; THENCE ALONG THE EASTERLY LIMITS OF SAID OPEN SPACE EASEMENT THENCE DEPARTING SAID EASTERLY LIMITS TO A POINT ON THE ARC IN THE SOUTH- EASTERLY BOUNDARY OF SAID LOT 67, SAID ARC BEING A 48.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE TO SAID POINT BEARS NORTH 28O42'06" WEST; THENCE ALONG SAID SOUTHEASTERLY BOUNDARY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23O56'10" TO THE POINT OF BEGIN- NING. CONTAINS 379 SQUARE FEET, MORE OR LESS. PARCEL 'B' BEING PORTIONS OF LOTS 59 THROUGH 66 INCLUSIVE, OF CARLSBAD TRACT NO. 92-3, AVI- ARA PHASE III UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13463 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 66; THENCE ALONG THE SOUTH- ERLY BOUNDARY OF SAID LOT 66 NORTH 79O27'39" EAST 33.64 FEET TO THE NORTHWESTERLY LIMITS OF AN OPEN SPACE EASEMENT IN SAID LOTS 59 THROUGH 66 DEDICATED TO THE TO LEG\131017-OS-ACQ.DOC (3/28/01) TY PAGE 1 OF 3 THE CITY OF CARLSBAD PER MAP NO. 13463, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHWESTERLY LIMITS FOR THE FOLLOWING EIGHT COURSES 1. NORTH 79O27'39" EAST 12.21 FEET; 2. 3. 4. 5. 6. 7. 8. NORTH 61O22'46" EAST NORTH 64O21'29" EAST NORTH 5OO55'03" EAST NORTH 78O32'04" EAST NORTH 57O19'51" EAST NORTH 8OO12'51" EAST NORTH 55O26'08" EAST 57.20 FEET; 41.49 FEET; 61.08 FEET; 11.22 FEET; 110.16 FEET; 12.58 FEET; 153.86 FEET; 9. NORTH 37O47'54" WEST 4.94 FEET; 38.20 FEET; 3.48 FEET; 57.39 FEET; 4.29 FEET; 54.11 FEET; 9.77 FEET; 54.75 FEET; 7.06 FEET; 47.27 FEET; 13.66 FEET; 73.39 FEET; 47.45 FEET; 10. SOUTH 52O12'06" WEST 11. NORTH 82O56'48" WEST 12. SOUTH 51O33'46" WEST 13. NORTH 77OO4'58" WEST 14. SOUTH 53O15'59" WEST 15. NORTH 7OOO6'35" WEST 16. SOUTH 53O41'36" WEST 17. NORTH 81O58'06" WEST 18. SOUTH 54O32'51" WEST 19. SOUTH 78O32'04" WEST 20. SOUTH 52OO5'28" WEST 21. SOUTH 65O31'34" WEST THENCE DEPARTING SAID SOUTHERLY BOUNDARY OF LOT 66 THENCE THENCE THENCE THENCE THENCE THENCE THENCE DEPARTING SAID NORTHWEST- ERLY LIMITS THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE LEG\131017-OS-ACQ.DOC (3/28/011 TY Qt.. PAGE 2 OF 3 4798 22. SOUTH 59O22'32" WEST 55.09 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1,911 SQUARE FEET, MORE OR LESS. N LS 6641 EXPIRATION DATE 12/31/03 LEG\l31017-OS-ACQ.ECC (3/28/01) TY I? 1. PAGE 3 OF 3 L DESCRlP7lCVV. . LOTS 63 THROUGH 67 INCLlJsJK OF CARLSBAD TRACT = 4799 NO. 92-3, A MARA PHASE Ill UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF OPEN SPACE EASEMENT ACQUlSiT70N CALIFORNIA ACCORDING TO MAP THEREof NO. 13463. PARCEL ‘A’ - AREA: 379 SQ FT PARCEL ‘s’ - AREA: 1911 SQ FT I PARC, NO. S POlNT OF COMMENCEMENT POC 215-900-12 ?HRWi% 16 POINT OF BEGINNING POB SIS F BEARINGS . TRUE POINT OF BEGINNING TPOB THE BASIS OF BEARINGS FOR THIS DRAHaNG IS THE SWIHERL Y LINE o$ LOT 66 AS SHO))N ON OPEN SPACE EASEMENT GRANKD TO THE CITY OF 0 A CARLSBAD TRACT NO. 92-3 AMARA PHASE Ill UNIT CARLSBAD. PER MAP 13463 NO. 3 MAP NO. 13463. I.E. N7927’39”E lEYM ff #‘WK. T DEgG%i CONSUL T;INTS 701 B STREET SUITE 800 SAN DIEGO, CALIFORNIA 92101 PHmE (619) 235-6471 EXP. 12-31-03 NO SCALE OPLN SPACE EASEMENT ACQUlSlJlCkrV PLAT-CITY of CARLSAD sET1w4 PR. NO. 00-107 APPLICAN t PREPARED BE ASSESSOR PARCEL NUMBERS AVlARA SERENATA, LLC PROJECT DE%W CONSULTANTS 21%90049 THRU 16 5770 OBERUN DRIK 701 B STREET SAN DIEGO, CA 92121- 1723 SAN DIEGO, CA 92121 T:\ENGR\1310-17\PLATS\LLA-02-16-01\1310-17-OS~CR-1,dwg OR Mar 28, 2001 - 2125~~1 r . - 3 . I , rc \ GRAPHIC SCALE 215-900-16 ( IN FEET ) / 1 inch = 40 ft. - --- - -- . - - -. l / / /‘ W-fJr /- / / “.!2~ A .b;J p28’42’06*W (R) tJJ\Jl J I’JU -3 --- \ --- <5233’29*W (R) 62 \ \ \ / i‘ 3 s i i 4 /‘iii~ij&,&&) Acw,g~p~f-~ FACCIKAJT 1 ---- - -- - ‘PPLJCAN ?I. MARA SERENA TA, UC k A s 770 OBERLIN DR/K s :AN DIEGO, CA 9$121-1723 \FWg' ?I!'- 17\PLATS\LLA-02-16-01\1310-17-lJSACR-2,dwg K ? “L L”-,“LI. r r-CITY of CARLSBAD PR. NO. 00-107 ) PRffiRED BK. ASSi!?SSOR PARCEL NUMBERS PROJECT DESIGN CONSUL TAN Ts 215-900-08 IHRU 16 701 B SJREET SAN DIEGO, CA 92121 I Mar 28, 2001 - 2:25pm r SEE SHEET 4 FOR TABULAR DATA EXH/Bf T “B” !SEiT2ff4 4801 \ 72 / GRAPHIC SCALE ( IN FEET ) 1 inch = 40 ft. 215-900-08 I - -- -- is 1 i8072’51~E t 17 1 N37’47’54”W 1 4.94’ 1 EXHIBIT “B” sEET3w4 (FEN SPACE EASEMENT ACQUlSU7ON PLAT-CITY tF CARLSBAD PR. NO. 00-107 APPLICAN Z PREPARED BF ASSESSOR PARCEL NUMBERS A MARA SERENATA, LLC PROJECT DEXN CONSUL TAN Ts 215-900-08 lHRU 16 5770 OBERUN DRIVE 701 B SlREET SAN DIEGO, CA 92121- 1723 SAN DIEGO, CA 92121 --. .1 . 47 S\LLA-02-16-01\1310-17-USACQ-3.dwg Mar 28, 2001 - 2:26pm TABULAR DATA FOR SHEET 2 LINE1 BEARlNG 1 DISTANCE Ll iN71’53’02”Wi 10.34’ L2 1 N14’03’47*EI 27.92’ L3 1 N4679’41”WI 25.09’ L4 N5ir19’51”E 54.18’ L5 N78’32?MmE 11.22’ . L.6 N50’55’03”E 61.08’ L L7 N6421’29”E 41.49’ _ L8 N6122’46”E 5Z20’ 19 N5922.32”E 55.09’ LlO N65‘31’34=.E 47.45’ L 11 N52’05’28”E 73.39’ OPEN SPACE EASEMENT ACQlJlSVl0V PLAT-CITY of CARLSBAD APPLICAN Tz PREPARED BF A MARA SRENA TA, UC PROJECT DESIGN CONSUL TAN TS 5770 BERLIN DRM 701 B SlREET SAN DIEW, CA 92121- 1723 SAN DIEGO, CA 92121 ~~\FNT;R\1330~-'7\PLATS\LLCI-02-16-01\1310-17-OSACQ-4,dwg A? EXHIBIT “B* zImT4cy4 PR. NO. 00-107 ASSESSM? PARCEL NUMBERS 215-900-08 THRU 16 Mar 28, 2001 - 2126pm 4803 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated April 3, 2001, from Aviara Serenata, LLC A Delaware limited Liability Company, 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: June 6,200l J E BREITENFELD, Depu@‘City Clerk