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HomeMy WebLinkAboutCT 97-10; HSB/BP/Michan LP; 2002-0033831; 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 DOC # 2002-0033831 JGN 15s 2002 12:50 PM FEES: 0.00 oc: Iy1 . & Name: CT 97-1 0 HSDI Miehan L.P., a California limited partnership; Strat partnership; knchrnark Paclfic Poinsettia, L.P., a Oalifornia limi Rc., a California corporation; Strata Equity Corporation, a Califo hereby'GWTS io ,.. .,.* Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill WASTERSIFORMS!GIUNT DEED FORM RW. ~mm7 onsisting of five pages is attached for clarity only. Upon written approval of the City Engineer of the City of Carlsbad, this easement ma be removed or modified as needed to accommodate future development of Lots 3 and 5 o Y Map 13785 as recorded in the office of the County Recorder of County of San Diego. HSUBPlMichan L.P., a California limited Benchmark Pacific Poinsettia, L.P., partnership. a 25.12% undivided interest as record a California limited partnership. an 18.25% owner undivided interest, as record owner By: HBM Poinsettia, L.P., a California limited By: Benchmark Pacific, Inc., a California partnership, Its General Partner corporation, Its General Partner , a California corporation .I ,^I(. ,. , ,. Rw. llD397 I MASTERSIFORMSIGPANT DEED FORM personally appeared personally hown to me (or proved to be on the basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/tbey executed the same in hishedtheir authorized capacity(ies), and that by his/her/their signature(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 official seal. U State of California 1 1 County of San Diego 1 On //-/b (Date) -- befo *h&4Zz e me. personally appeare &4-& (Name, Title of Officer) (NameIs] of Signefls]) , personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(@ on the instrument the person@). or entity upon behalf of which the penon(s) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Dowment Date of Document No. of Pages Signer@) other than named above State of California 1 1 County of San Diego 1 . personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the persoo@fWhose nam &re subscribed to the within instrument and acknowledged to me that @/shelthey executed the same in @her/their authorized capaciM and that by &/her/their signatureHon the instrument the persoHor entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal n (This area for SignZure of Ftary official notary seal) Title or Type of Document Lkwq I Date of Signer@) other than named above 7 personally appeared s.h7 (Name[$] of Slgnefls]) - .... ... A personally known to ma OR - @roved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ldare subscribed to the within instrument and acknowledged to me that he/&dhey executed the same in hislhsrjtheir authorized wpadty(ies), and that by hls/herlthelr slgnature(s) on the Instrument the pemn(s), or entity upon behalf of which the person(s) acted, exacuted the instrument., ...... I ........... ........... . WITNESS my hand and offiaal sd" .- I ........ ... la M ., . . (This area for Signature of Notary . ., offiaal .., notaty seal) ... .. ........... ....... , Tie or Type of Document 'I: Date of Document No. of Pages Signer@) other than named above ., . I ......... DECEMBER 10, 1999 J.N. 94-1004 EXHIBIT "A" PR 99-75 PARCEL "A" : A PORTION OF LOT 3, ALONG WITH A PORTION OF LOT 5 OF CARLSBAD TRACT NO. 97- 10, POINSETTIA PROPERTIES, ACCORDING TO MAP THEREOF NO. 13785, RECORDED MAY 21, 1999, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 3, BEING A POINT ON THE WESTERLY RIGHT-OF-WAY OF AVENIDA ENCINAS AS DEDICATED PER MAP NO. 13785, SAID POINT LYING ON A 1658-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 63'49'26'' EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF OOo48'16", AN ARC DISTANCE OF 23.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0O003'35", AN ARC DISTANCE OF 1.73 FEET; THENCE LEAVING WEST 500.38 FEET; THENCE NORTH 20'27'52" WEST 25.17 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 3; THENCE LEAVING SAID LOT 3 AND CONTINUING NORTH SAID RIGHT-OF-WAY SOUTH 63'49'26'' WEST 15.56 FEET; THENCE SOUTH 76'14'44'' 20'27'52'' WEST, 538.00 FEET TO THE BEGINNING OF A TANGENT 145-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15'09'19", AN ARC DISTANCE OF 38.35 FEET; FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 36°15'14", AN ARC DISTANCE OF 161.35 FEET; THENCE NORTH 00°38'04" EAST 8.94 FEET; THENCE NORTH 27'42'23'' WEST 46.60 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID AVENIDA ENCINAS; THENCE SOUTH 89'20'47'' EAST, ALONG SAID RIGHT-OF-WAY, 22.13 FEET TO THE BEGINNING OF A TANGENT 25-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 00'39'13'' EAST; THENCE LEAVING SAID RIGHT-OF- WAY, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 89O58'51", AN ARC DISTANCE OF 39.26 FEET; THENCE SOUTH 00°38'04" WEST 24.94 FEET TO THE BEGINNING OF A TANGENT 230-FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 36'15'14", AN ARC DISTANCE OF 145.53 FEET; THENCE SOUTH 35'37'10" EAST 59.25 FEET TO THE BEGINNING OF A TANGENT 170-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°09'18", AN ARC DISTANCE OF 44.97 FEET; THENCE SOUTH 20O27'52" EAST 540.94 FEET TO THE SOUTHERLY LINE OF SAID LOT 5; THENCE NORTH 76'14' 44" EAST, ALONG SAID SOUTHERLY LINE 468.52 FEET TO THE BEGINNING OF A TANGENT 25-FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL TO CURVE, THROUGH A CENTRAL ANGLE OF 78'22'58", AN ARE DISTANCE OF 34.20 FEET THENCE NORTH 35'37'10" WEST 59.25 FEET TO THE BEGINNING OF A TANGENT 255- SAID POINT BEARS NORTH 13"45'16" WEST; THENCE EASTERLY ALONG THE ARC OF SAID EXHIBIT "A" PR 99-75 PARCEL * B" : A PORTION OF LOT 5 OF CARLSBAD TRACT NO 97-10, POINSETTIA PROPERTIES, ACCORDING TO MAP THEREOF NO. 13875, RECORDED MAY 21, 1999, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF WIFORNIA, BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 4 OF SAID MAP 13785, BEING A POINT ON THE WESTERLY RIGHT OF WAY OF AVENIDA ENCINAS AS RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 29'30'42'' EAST; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY, WESTERLY ?GONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 28'51' 29", AN ARC DISTANCE OF 28 1.05 FEET; THENCE TANGENT TO SAID CURVE NORTH 89'20'47'' WEST, ALONG SAID RIGHT-OF-WAY, 9.57 FEET TO THE BEGINNING OF A TANGENT 25.00-FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE LEAVING SAID RIGHT-OF-WAY, SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90DOl'09", AN ARC DISTANCE OF 39.28 FEET; THENCE SOUTH 00°38'04" WEST 24.91 FEET TO THE BEGINNING OF A TANGENT 170-FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY AZONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 36'15'14", AN ARC DISTANCE OF 107.57 FEET; THENCE SOUTH 35°37r10" EAST 59.25 FEET TO THE BEGINNING OF A TANGENT 230-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15' 09' 21", AN ARC DISTANCE OF 60.84 FEET TO THE MOST NORTHWESTERLY CORNER OF LOT 4 OF SAID MAP 13785; THENCE CONTINUING NORTHEASTERLY ALONG SAID LOT 4 NORTH 47'26'51'' EAST 21.44 FEET TO THE BEGINNING OF A NON-TANGENT 250-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL WHICH BEARS NORTH 67'41'17'' EAST; THENCE LEAVING SAID LOT LINE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 13"18'27", AN ARC DISTANCE OF 58.06 FEET; THENCE NORTH 35°37'10" WEST 59.25 FEET TO THE BEGINNING OF A TANGENT 150-FOOT RADIUS CURVE, CONCAVE DEDICATED ON SAID MAP NO 13785: SAID POINT LYING ON A 558-FOOT NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 36°15'14", AN ARC DISTANCE OF 94.91 FEET; THENCE NORTH 00°38'04" EAST 29.91 FEET; THENCE NORTH 89'20'47" WEST 14.57 FEET TO THE BEGINNING OF A NON-TANGENT 538-FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 27'56'30", AN ARC DISTANCE OF 262.37 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 4; THENCE ALONG SAID NORTHERLY LINE NORTH 52'42'54" EAST 21.83 FEET TO THE POINT OF BEGINNING. AREA = 0.25 AC. OR 10,988 S.F. W:\MSOFFICE\WINWORD\94-1004\POINSPRO.LGL VICINITY MAP NOSCALE LA COSTA DOWNS MAP NO. 2013 &E SHEET 3 SCALE: 1' = 200' TRACT 81-5 1, MAP J3785 \\\ Suite 1W Planning ICorlsbad. Colifornia 92008 Procesrinq SLOPE I -. 5900 Pasteur Court Civil Engineering Suits 100 Plnnninn ~~ ~~ ~~ :orlsbad. California 92008 Proces.'lng . . -. . . . . . . 760-931-7700 Surveying .p.~. 211-150-25 L c . PARCEL 'A' 5900 Pasteur Court Civil Engineering Carlsbod. California 92008 Processing Suite 100 Planning 760-931 -7700 Surveying , p , N. 21 4-150-25 SLOPE I EAS€MENT "~ ~ SHT. 4 OF 5 SHTS I I 1 PARCEL 'B' I DA TA nn I + J* EXHIBIT '8' CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT, (Poinsettia Properties Area 5 - PR 99-75) from HSLBPMichan L.P.. StratdPoinsettia Benchmark Pacific Poinsettia L.P., HSL ProDerties. Inc.. and Strata Epuity Comoration, 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: Januarv 8.2002