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HomeMy WebLinkAboutCUP 12-07; Rancho Costera LLC; 2014-0310438; EasementDOCtt 2014-0310438 llllllllllll JUL 23, 2014 11:38 AM RECORDING REQUESTED BY: WHEN RECORDED MAILTO: OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA City Clerk PAGES: CITY OF CARLSBAD 1 Illlli mil lllll mil mil lllll ••lll ••m ••iii ••m ••m ••III ••III ••III ••III •• 1200 Carisbad Village Drive Carisbad, CA 92008 1 iiiiri iiirr iiirr iiiri iiiii iiiii iiiii iiiii HIM IIIII 11111 iim imi HHI IIUI H MAIL TAX EXEMPT STATEMENTS TO: EXEMPT 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 conveyed, 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: 208-010-41 CUP12-07 PR 13-52 DWG 477-8 Fire Station No. 3 5 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDEFJATION, receipt of which is hereby acknowledged, Rancho Costera, LLC, a Delaware limited liability company the owner of real property described herein located in the City of Carlsbad, San Diego County, California hereby GF^ANTS 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 PUBLIC STREET AND PUBLIC UTILITY PURPOSES, known as Trailblazer Way over, under, upon and across said real property as described in Exhibit "A" attached hereto and made a part hereof. Exhibit "B" attached for clarity only. Said easement includes the right to extend drainage structures, excavation, and embankment slopes beyond the easement where required to constmct and maintain the public street known as El Camino Real. . I.^Lj DATED ^Injn (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. (Sign Here) (Print Name Here) (Title) By: (Sign Here) (Print Name Here) (Title) Q:\CED\LandDev\PROJECTS\CURCUP 12\CUP 12-07 Carlsbad Fire Station No. 3\Deeds-Ea5ement\Easement City Street, PR 13-.doc REV 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _^2£22Z2^ } CtnKJlZHFZ M P^DIT' beforeme, Ay)n;(7(?.. /r/.y/)mh9^y\ A\/>pjr7j PiLhl/(L ^ ' Date — Here Insert Name andTiUe oMhe ORicer ^ personally appeared Name(s) of Slgner(5) JANICE M. LOMBARDI Commission # 2066035 I Notary Public • Caliiornia 1 y Orange County g My Comm. E>»ira« Apr 27.2018 \ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persbn(8f whose namej(8) is/^per'subscribed to the within instrument and acknowledged to me that he/sjje/thp!/ executed the same jn his/'ljeH^hpif'authorized capacity(is^, and that by his/tjpifthpH'signature^on the instrument the person^^ or the entity upon behalf of which the personj[af 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 hand and official seal. Signature^-r/>^/,/if- AmS^jyA^' ^ // Signatore of Notary Public j OPTIONAL Though the inforniation below Is not required by law, It may prove vsduable to persons, relying on tho-document and ix)uld prevent fraudulent removal and reattachmentof thisfyrm 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: • Indiyidual • Corporate Officer — Title(s): • Partner— • Limited • Qeneral • Attorney in Fact' • Trustee • Guardian, or Conservator • Other: • " . , - •• Signer Is Representing: . RIGHTTHUIVIBPRiNT OF SIGIMEl^ Top of thumb here. Signer's Nama: • Individual • Corporate Officer—Title(s): - • Partner — • Limited. • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: ' Signer Is Representihg:____ RIGHTTHUMBPRINT OFSIGNER Top pfthufilbhere. ©aoOTNatlonal Notary Assoelation'9350 D6 Soto Ave., P.O.Box2402>Chatsmrlti,CA 91,313-2402«m^ Reorder:CallTollH^Be1-800-87?.6827 Q:\CED\LandDev\MASTERS\Deeds, Grants, EasementsVGrant Deed of Easement City.doc REV 01/25/13 EXHIBIT "A" NEW EASEMENT "A" LEGAL DESCRIPTION FOR PUBLIC ROAD AND UTILITY PURPOSES TO THE CITY OF CARLSBAD FROM SHAPELL HOMES THAT PORTION OF PARCEL 2 OF LOT LINE ADJUSTMENT ADJ 01-13 PER CERTIFICATE OF COMPLIANCE CE 01- 55 RECORDED NOVEMBER 28, 2001 AS FILE NO. 2001-0865065 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PROPERTY DESCRIBED IN DOCUMENT NO. 2008-0435946 FILED AUGUST 14, 2008 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID CORNER BEING A POINT ON THE WESTERLY LINE OF THAT PORTION OF WIND TRAIL WAY GRANTED TO THE CITY OF CARLSBAD ACCORDING TO DOCUMENT NO. 2007-0388769 FILED JUNE 8, 2007 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING ON A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 61.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 85°00'16" WEST; THENCE NORTHERLY 40.66 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38°11'34" TO A RADIAL LINE OF SAID CURVE WHICH BEARS NORTH 46°48'42" WEST; THENCE LEAVING SAID WESTERLY LINE OF WIND TRAIL WAY ON A NON-TANGENT LINE SOUTH 70''27'08" WEST 13.58 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 20.00 FEET; THENCE WESTERLY 9.32 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26°42'37"; THENCE NORTH 82''50'i5" WEST 133.89 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 311.76 FEET; THENCE WESTERLY 81.35 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°57'02" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE THROUGH SAID BEGINf^liNG OF REVERSE CURVE BEARS NORTH 07'"47'17" WEST; THENCE WESTERLY AND NORTHWESTERLY 18.75 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42°57'54" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 58.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS SOUTH 35°10'36" WEST; THENCE NORTHWESTERLY, SOUTHWESTERLY AND SOUTHEASTERLY 169.94 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 167''52'19" TO A POINT ON THE NORTHERLY LINE OF THE PROPERTY DESCRIBED IN SAID DOCUMENT NO. 2008-0435946; THENCE EASTERLY ALOf^G SAID NORTHERLY LINE THE FOLLOWING FOUR COURSES; NORTH 5ri8'20" EAST 129.78 FEET; THENCE SOUTH 86°15'37" EAST 99.25 FEET; THENCE SOUTH 41°40'54" EAST 37.97 FEET; THENCE SOUTH 82°50'17" EAST 88.59 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION. THE AREA OF THE LAND DESCRIBED IN THIS LEGAL DESCRIPTION CONSISTS OF APPROXIMATELY 9,698 SQUARE FEET OR 0.223 ACRES. THIS LEGAL DESCRIPTION WAS PREPARED BY OR UNDER THE DIRECT SUPERVISION OF THE FOLLOWING STATE OF CALIFORNIA PROFESSIONAL LAND SURVEYOR: Y^OAA ^ (A^^r^a^^i^^Jiy^ 09-03-2013 MSL ENGINEERING, INC. DATE MARKS. LAMOUREUX, PRESIDENT, PE, PLS P.LS. 5794 REGISTRATION EXPIRES 06-30-2014 MSLJN 11005A Page 1 of 1 PARCEL 2 13.197 AC. LEGEND fr\\\\'rr7r-.\\rrvT.-.-.'777i NEW EASEMENT FOR PUBUC f - -'v •xx x x x : : :-:-: : : :-: :! ROAD AND UTILITY PURPOSES ••'-^ CONSISTING OF 9.698 SQ. FT. PROPOSED PROPERTY PER CITY ADJ. NO. - N PREPARED BY MARK S. LAMOUREUX, PRESIDENT, PE. PLS MSL ENGINEERING, INC. 402 W. ARROW HWY. SUITE 4- SAN DIM AS. CA. 91773 (909) 305-2395 FAX (909) 305-2397 MLAMOUREUX(B»/ISL£NG.COM APPLICANT CITY OF CARLSBAD 405 OAK AVENUE CARLSBAD, CA 92008 (760) 434-2949 TRUE NORTH 0' 30" 60' GRAPHIC SCALE SCALE: 1"=60' 120* EASEMENT "A" EXHIBIT - CITY OF CARLSBAD EXHIBIT 'B" SHEET 1 OF 1 SHEETS A.P.N. 208-010-041 11005 ESMNT A.DWG 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 June 19, 2014, from Rancho Costera, LLC, a Delaware limited liability company, 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: Julv 17. 2014 ll /^ SHELLEY CCpULINS, CMC Assistant CitfClerk (SEAL) ">lA^^^^<^'