HomeMy WebLinkAboutDEV 2017-0089; ; 2017-0477331: 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
The undersigned grantor(s) declare(s):
Documentary transfer tax is $0.00
DOC# 2017-0477331
11111111111! 11111111111111111111111111111111111 IIIII IIIII IIIII IIII IIII
Oct 16, 2017 09:55 AM
OFFICIAL RECORDS
Ernest J. Dronen burg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PAGES: 9
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No.: 205-230-23 ---------Project ID: DEV2017-0089
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
Related Project ID: PR2017-0009
Related Project ID: GR2017-0028
encumbrances remaining at time of sale. Project Name: St. John Grading Plan
) Unincorporated area: (x) City of Carlsbad, and
GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Richard F. St. John, Ill and Susanne N. St. John, as Trustees of the St. John Family Trust, dated
November 1, 2011 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 PUBLIC STREET AND PUBLIC UTILITY PURPOSES, known
as the northwesterly corner of Magnolia Avenue and Monroe Street 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.
DATED __ &J_//_3_);_/ __ _
OWNER: Richard F. St. John, Ill and Susanne N.
St. John, as Trustees of the St. John Family Trust,
dated ~November 1, :011
By: i
Sign Here)
(NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY
OWNER(S) MUST BE ATTACHED.)
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION
Richard F. St. John, Ill OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR -----(-P-ri-nt-N-am_e_H_e_r_e_) ~-----ATTORNEYS WITH RESPECT THERETO.
By:
Trustee
Susanne N. St. John
(Print Name Here)
Trustee
Q \CED\LandDevlPROJECTSIDEV\DEV 2017\DEV2017-0089 St John Grading Plan -Rick\PR2017-0009\Grant Deed of Easement City Street PR2017-0009.docREV
01125/13
• All-purpose Acknowledgment California only
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of ----'-'Sa-""''--'-'n'----'--------"--D=,e .......... ~'-1-o>,,£_ __________________________ ~
On Qq U3[ZD!r· before me, {>1<:Jri /c..p1 :x;tl~-. (/D1Zar:'j 1Jc&bfic. (here insert name and titie of the officer). I I
personally appeared ____._5={v1.-'-',...,S--=a=-n--'----'yt_Q_---=--..,c....__cAJ'---=-.------"S=+---'--. _,J_,_o""-'---h~t:1_,___ ______________ ~
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(sx:'.lsPare subscribed to the within instrument
~acknowledged to me that he~hey execut~e same in his/
(nafftheir authorized capacity(ies), and that by hi~eir signature(s)
on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
Signature
WITNESS my hand
and official seal.
For Bank Purposes Only
Description of Attached Document
Notary Seal
Type or Title of Document __,_G__,_J__J...c;_._.a'-'-'17:....!.......1.+_~W3,.L->-"7k.d~_,__J,,,LQJ(_(_Q2."""----=c.___::__,_5,___,,~-=---:..._-=---'-------+-'------·----~
Document Date S--e{l..fe....rnb-ec 1'31 201 T Number of Pages 2
Signer(s) Other Than Named Above ifZcha,d £ ~ Sf· , John ff/
II 111 I 11111 I
DSGS350CA (Rev 02 -05/17) FOO l-000DSG5350CA-0 1
• All-purpose Acknowledgment California only
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
Countyof s~n Diego
On oqfi3fao19 before me, mt?nl'l'l .5-:,,;;~ 1 ao-bn; fuhl,C(here insert name and titie of the officer),
personally appeared 72.,ch o.rd £ s + • John I / / /
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(~/are subscribed to the within instrument
and acknowledged to me tha~he/they ex~ed the same in~
her/their authorized capacity(ies), and that b)('.b.ist'her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand
and official seal.
For Bank Purposes Only
Description of Attached Document
~111111111111111111111111111111111111• . -: r...,,,.,_.,. MARILYN SAINZ :
• COMMISSION #2182982 o
NOTARY PUBUC • CALIFORNIA ~
• SAN DIEGO COUNTY ,:
: My Commialion Expires February 11, 2021 : --,111111111111111111111111111111111111r
Notary Seal
Type or Title of Document Gran+ 0~ 0 f' b0S e{(l4(7-I-
Document Date Sef+e.taoer /31 20/ ?-Number of Pages _Z. __________ _
Signer(s) Other Than Named Above
I 111111 I
DSG5350CA (Rev 02 -05/17) FOO l -000DSG5350CA-0 l
EXHIBIT "A"
PR2017 -0009
PUBLIC STREET AND UTILITY EASEMENT LEGAL DESCRIPTION
A PUBLIC STREET AND UTILITY EASEMENT OVER A PORTION OF THE REAL
PROPERTY SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA MORE SPECIFICALLY DESCRIBED IN THE GRANT
DEED DOCUMENT NO. 2016-0680405, RECORDED DECEMBER 13, 2016, IN THE
COUNTY OF SAN DIEGO RECORDER'S OFFICE, SAN DIEGO COUNTY, STATE
OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
STARTING AT THE INTERSECTION OF THE CENTERLINE OF MONROE
STREET WITH THE CENTERLINE OF MAGNOLIA A VENUE AS SHOWN ON
SAID MAP NO. 1681, THENCE SOUTH 61° 21' 01" WEST ALONG THE
CENTERLINE OF SAID MAGNOLIA AVENUE, 166.52 FEET; THENCE NORTH 28°
38' 59" WEST, 30.00 FEET TO THE SOUTHWEST CORNER OF SAID PROPERTY
AND THE POINT OF BEGINNING; THENCE NORTH 61 °21' 01" EAST 116.52
FEET ALONG THE SOUTHERN LINE OF SAID PARCEL TO THE TRUE POINT OF
BEGINNING, SAID LINE ALSO BEING PARALLEL WITH AND 30.00 FEET
NORTHWESTERLY OF THE CENTERLINE OF MAGNOLIA A VENUE AND THE
BEGINNING OF AT AN GENT 20.00 FOOT RADIUS CURVE, A RADIAL BEARING
FROM SAID POINT BEARS NORTH 28° 38'59" WEST; THENCE
NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG SAID 20.00
FOOT CONCAVE NORTHWESTERLY CURVE, THROUGH A CENTRAL ANGLE
OF 89°59'18", A DISTANCE OF 31.41 FEET TO ITS INTERSECTION WITH THE
NORTHEASTERLY LINE OF SAID LOT, A RADIAL BEARING OF SOUTH
61 °21 '43" WEST THROUGH SAID POINT; THENCE SOUTHEASTERLY ALONG
THE EASTERN BOUNDARY OF SAID LOT, SOUTH 28°38' 17" EAST, 20.00 FEET,
SAID LINE BEING PARALLEL WITH AND 30.00 FEET WESTERLY OF THE
CENTERLINE OF MONROE STREET; THENCE SOUTH 61 °21 '0l" WEST, 20.00
FEET ALONG THE SOUTHERN LINE OF SAID LOT TO THE TRUE POINT OF
BEGINNING.
AREA OF SAID EASEMENT IS 85.88 SQUARE FEET
ROBERT 0. SUKUP RCE 28302
SHEET 1 OF 1
0 30
SCALE 1" = 30'
EXH I Bl T "B"
PLAT OF EASEMENT FOR PUBLIC
STREET AND UTILITY PURPOSES
PR2O17-OOO9
60
JO'
S61"21'01"W 136.54'
PORTION OF TRACT 250 OF MAP
NO. 1681. SEE GRANT DEED DOC.
2011-0252273 RECORDED 5/16/11
APN 205-230-23
L=Jt.41, R=20.00
,1=89"59'18" N28"J8'59"W {R)
116.52' ----....'
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EASEMENT TO THE CITY
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ST. JOHN FAMILY TRUST
Certification of Trust
(California Probate Code Section 18100.5)
Richard F. St. John, ID and Susanne N. St. John hereby present this CertificationofTrust,
in lieu of providing a copy of the trust instrument, to establish the existence and terms of the
trust, as set forth below.
1. Purpose of Certification of Trust. This Certification is intended to serve as a
"Certification of Trust" under California Probate Code §18100.5, as amended. Its purpose is (1)
to certify the existence of the St. John Family Trust (the "Trust"), the identity and powers of the
Trustees, and the manner of taking title to assets, and (2) to summarize some of the more
important provisions of the Trust so that the Trustees can deal with third parties, such as
financial institutions, stock transfer agents, brokerage houses, insurance companies, and others,
without disclosing the entire Trust, which is a private and confidential document.
2. Creation of the Trust. The trust instrument creating the Trust (the "Declaration
of Trust") was executed on November 1, 2011, by Richard F. St. John, III and Susanne N. St.
John, as Trustors and as Trustees. The Trust continues in existence.
3. Trust Revocable. The Trust is revocable. The Trustors reserved the right to
revoke, amend, or modify the trust instrument during their lifetimes. The Trust has not been
revoked, modified, or amended in any manner that would cause the representations contained in
this Certification of Trust to be incorrect.
4. The Trustees. The initial trustees of the Trust were Richard F. St. John, III and
Susanne N. St. John. Richard F. St. John, III and Susanne N. St. John (the "Trustees") are the
currently serving and acting trustees of the Trust. This Certification of Trust is being signed by
all of the currently serving and acting trustees of the Trust.
S. Title to Trust Assets. Title to Trust assets shall be taken in the name of Richard
F. St. John, III and Susanne N. St. John, as trustees of the St. John Family Trust, dated November
I, 2011.
6. Powers of the Trustees. The Trustees have all the powers described below, all
powers granted by law (including all the powers set forth in Probate Code § 16220 et seq.), and
all powers reasonably necessary to carry out their duties as Trustees to administer, manage,
protect, and invest the trust estate.
(a) To Accept Property. The Trustees may accept or receive additions and
contributions to the trust estate from either Trustor or any other person and hold the property in
trust under the provisions of the Declaration of Trust. If the Trustees receive property from
another fiduciary and if the Trustees believe the action to be in the best interests of the trust
estate, the Trustees are authorized to waive an accounting from the fiduciary, to approve his or
her actions, to consent to his or her proposed actions, and to consent to his or her discharge.
RECORDING REQUESTED BY:
Ticor Title Company -c.a"" ~te..") '°
Order No. 439127-995
Esc:row :-:o. 1883-DM
Parcel No. 205-230-23-00
,n..:..rt ~<;.-to..~~'\.+-
AND \\'HE:-.' RECORDED MAIL TO:
RICHARD L ST. JOHK II!
3657 MONROE STREET
CARLSBAD, CA 92008
DOC# 2016-0680405
11111!11111111111 Hll 1111111111111111111111111111111 IIIIHIIII!
Dec 13, 2016 08:00 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $31.00
PCOR: YES
PAGES: 3
SPACE ABOVE THJS LINE FOR RECORDER'S USE
GRANT DEED
THE UNDERSIGNED GRA.NTOR(S) DECLARE(S) THAT DOCU11ENTARY TRANSFER TAX IS S0.00 County 0 computed on full value of property conveyed, or NO CONSIDERATION D computed on full value less iiens or encumbrances remaining at the time of sale. G,c:,, I'\.~ \ Y'l-\-0
D unincorporated area: ~ City of Carlsbad, and ,..-~s+
FOR A VALC.'\HLE CONSlDERATIO>l, receipt of which is hereby acknowledged,
Hichnrd F. St ,John, Ill and Susanne N. St. John. Husband and Wife as Joint Tenants
bereby GRAJ\T(S) to Richard F. St. .lohn m and Susanne N. St. John. as Trustees of The St. John Family
Trust, dated '.ovember I, 201 l
the following described real property in the County o:'San Diego, State of California:
l hat portion of Tract 250 of the l'h;tm Lands. in the Cit} of Carlsbad, County of San Diego, State of C2!ifornia,
accorciing to l\fap thereof No. 168 l, filed in the Office of the County Recorder of San Diego County, December 9,
l 91 5, a., more fully described in Exhibit "A" attached hereto and made part hereof.
Date December 5, 2016
• ··-·-····-··--·-··-···· ·-· ·--······· ·-········-·-·---··· l 1\ nctary publ:c or other officer completing this certificate verifies only the identity of the individual who signed the 1
; docuIP,-~!l:!.to wbi~~ th_iz;~~rti~c_¥e ~-~ttac~ed, and -~ot the truthfulness, accuracy, or validity of that docume~t. __ _:
S l /\I!'. OF CALIFORNIA
couNTY OF ~ Diec, o . v
\ J S.S.
(b l O / l lt> . ., he fore me,_~y . 'lotary Public
personal!; appeared Richard F. St. ,lobn. flt and Susanne N. St. ,lohn, who proved to me un the basis of
satisfactory evidence to be the person(s) whose name{s) ~ subscribed to the within instrument and
acknowiedgcd to me that ~-executed the same in ~ authorized capacity(ies), and that by
~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted.
execute<! the instrument.
certify under PE!','ALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
t:'ue and correct.
WITNESS my hand and official seai,
Signature. ·~-----(Seal)
!v!aii Ta"< Statement to SAl>~E AS ABOVE or Addrcs'i ~·loted Below
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 September 13,
2017, from Richard F. St. John, Ill and Susanne N. St. John, as Trustees of the St.
John Family Trust dated 11/1/2011, to the City of Carlsbad, California, a municipal
corporation, is hereby accepted by the City of Carlsbad, California, and the grantee
consents to the recordation thereof by its duly authorized officer.
DATED: October 5, 2017
TAMARA R. MCMINN
Deputy City Clerk
(SEAL)