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HomeMy WebLinkAboutMP 02-03; |Gary and Brian|Robertson|Robertson, Gary and Brian|; 2008-0021749; Easement\r RECORDING 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# 2008-0021749 JAN 16, 2008 2:56 PM OFFICIAL RE CORDS SAN DIEGU COUNTY RECORDER'S OFFICE f.; R E d 0 R Y J . S M I T H . CO U N T Y R E CO R D E R FEES: 0.00 OC NA PAGES: 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 SPACE ABOvc i ma LIINC I-UK KCOUKUCK a uac Assessor's Parcel No.: 208-010-36 Project ID: Project Name: MP 02-03 Robertson Ranch West Village Related Project ID:PR 06-143 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Gary Robertson and Brian Robertson as co-successor trustees of the Robertson Family 1995 Trust, dated April 19, 1995 as to an undivided one-half interest; Gary Robertson and Brian Robertson, co-successor trustees under Declaration of Trust dated October 8, 1976, as to an undivided 7% interest; and Gary Robertson and Brian Robertson, co-successor trustees of the Elsie M. Kelly Irrevocable Trust dated June 19, 1989 as to an undivided 43% interest hereby GRANTS to the 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 as allowed pursuant to the approved Robertson Ranch Master Plan, 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 Ill 15 Word\Masters\Forms\Grant Deed of Easement - City 6/1/00 62 Ci 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", attached hereto and made a part hereof. Exhibit "B" is attached for clarity only. Grantor: GARY ROBERTSON AND-BWAN ROBERTSON, CO-SUCCESSOR TRUSTEES OF THP1?OBERTSON FAMILY TRUST DATED APRIL 19, 1995 By:CO - (sign here) Gary Robertson, Co-Successor Trustee By: rint name here) Cff- (sign here) Brian Robertson, Co-Successor Trustee (print name here) GARY ROBERTSON-A^fB'BRIAN ROBERTSON, CO-SUCCESSOR TRUSTEES UNDER THE DECfLAfWION OF TRUST DATED OCTOBER 8, 1976 By: (sign here) Gary Robertson, Co-Successor Trustee By: here) (sign here) Brian Robertson, Co-Successor Trustee GARY ROBERTSON M OF THE ELSIE By: _ (print name here) ROBERTSON, CO-SUCCESSOR TRUSTEES RE VOCABLE TRUST DATED JUNE 19, 1989 (sign here) Gary Robertson, Co-Successor Trustee By; (priot name here) (sign here) Brian Robertson, Co-Successor Trustee (print name here) (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) Word\Masters\Forms\Grant Deed of Easement - City 6/1 /OO 6208 STATE OF OALirORNIA County of On IO' Personally appeared. . before me, <^\JJ<4(J^\ /. a Notary Public, Name(s) of Signer(s) ^""personally known to me _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 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. Place Notary Seal Above ignature of Notary Public STATE OF CALIFORNIA, County of fW] On M)I0 fflfaf . a Notary Public, Personally appeared r'jLL CYND* MUUHOUM f CommlMton # 147I4M I Notary Public - California I San Ol*oo County * Place Notary Seal Above personally known to me ) proved to me bn the basis of satisfactory evidence to be the person(X} whose name(^is/ar«gsubscribed to the within instrument and acknowledged to me that he/9h»4b,ey executed the same in his/her/their authorized capacity(ieX), and that by his/ht&fAbeir 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. Signature of Notary Public 6303 December 11, 2007 J.N.: 011014-3 PAGE 1 OF 3 EXHIBIT "A" LEGAL DESCRIPTION OPEN SPACE EASEMENT MP 02-03 PR 06-143 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, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL 2, SAID POINT ALSO BEING THE MOST NORTHWESTERLY CORNER OF PARCEL 1 OF LOT LINE ADJUSTMENT ADJ 01-13 PER CERTIFICATE OF COMPLIANCE CE 01-54, RECORDED NOVEMBER 28, 2001 AS FILE NO. 2001-0865064, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND SHOWN ON SAID CERTIFICATE OF COMPLIANCE AS THE POINT OF BEGINNING AND POINT 67; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 2 SOUTH 01°42'35" WEST, 1484.93 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY THE FOLLOWING COURSES: SOUTH 51°09'48" WEST, 62.51 FEET; THENCE SOUTH 32°27'08" WEST, 27.25 FEET; THENCE SOUTH 06°12'08" WEST, 27.25 FEET; THENCE SOUTH 19°49'31" EAST, 26.73 FEET; THENCE SOUTH 54°50'32" WEST, 153.74 FEET; THENCE SOUTH 44°44'24" WEST, 110.43 FEET; THENCE SOUTH 37°35'21" WEST, 118.80 FEET; THENCE SOUTH 24°45'23" WEST, 92.84 FEET; THENCE SOUTH 15°13'56" WEST, 240.28 FEET; THENCE SOUTH 21°15'54" WEST, 112.87 FEET; THENCE SOUTH 29°46'40" WEST, 174.70 FEET; THENCE SOUTH 07°48'55" WEST, 91.81 FEET; THENCE SOUTH 26°33'51" EAST, 63.81 FEET; THENCE SOUTH 57°22'51" EAST, 52.94 FEET; THENCE SOUTH 55°04'52" EAST, 139.40 FEET; THENCE SOUTH 50°26'42" EAST, 261.20 FEET; O:\Legal_Descriptions\011014\071026WestOpen SpaceEasement. Igl.doc 6204 December 11, 2007 J.N.: 011014-3 PAGE 2 OF 3 THENCE SOUTH 63°38'25" EAST, 140.23 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING COURSES: SOUTH 29°07'38" WEST, 2.29 FEET; THENCE SOUTH 25°38'31" WEST, 100.08 FEET; THENCE SOUTH 23°31'32" WEST, 109.80 FEET; THENCE NORTH 82°48'22" WEST, 67.83 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 18 FEET FROM THE RIGHT-OF-WAY OF EL CAMINO REAL AS SHOWN ON ROAD SURVEY 1800-1, SAID POINT BEING THE BEGINNING OF NON-TANGENT 6837.31 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 25°25'33" WEST ; THENCE ALONG SAID PARALLEL LINE, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°02'12", AN ARC DISTANCE OF 481.74 FEET ; THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 60°32'15" WEST, 449.43 FEET TO THE BEGINNING OF TANGENT 2063.09 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE CONTINUING ALONG SAID PARALLEL LINE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°30'15", AN ARC DISTANCE OF 306.22 FEET; THENCE LEAVING SAID PARALLEL LINE ALONG THE FOLLOWING COURSES: NORTH 37°52'30" EAST, 45.49 FEET; THENCE NORTH 56°18'36" EAST, 17.78 FEET; THENCE NORTH 74°03'17" EAST, 35.91 FEET; THENCE SOUTH 74°03'17" EAST, 35.91 FEET; THENCE SOUTH 81°52'12" EAST, 34.87 FEET; THENCE NORTH 25°21'41" EAST, 164.76 FEET; THENCE NORTH 17°06'10" EAST, 145.51 FEET; THENCE NORTH 30°57'49" EAST, 17.82 FEET; THENCE NORTH 45°00'00" EAST, 17.29 FEET; THENCE NORTH 41°07'17" EAST, 127.81 FEET; THENCE NORTH 16°41'57" EAST, 15.96 FEET; THENCE NORTH 00°00'00" EAST, 33.62 FEET; THENCE NORTH 20°19'23" WEST, 44.01 FEET; THENCE NORTH 24°08'06" WEST, 303.93 FEET; O:\Legal_Descriptions\011014\07l026WestOpen SpaceEasement. Igl.doc 6205 December 11, 2007 J.N.: 011014-3 PAGE 3 OF 3 THENCE NORTH 17°33'37" WEST, 56.64 FEET TO THE BEGINNING OF NON- TANGENT 610.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 20°01'53" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°49'55", AN ARC DISTANCE OF 125.97 FEET; THENCE NORTH 58°08'12" EAST, 135.03 FEET TO THE BEGINNING OF TANGENT 610.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°23'48", AN ARC DISTANCE OF 312.97 FEET; THENCE NORTH 72°14'12" EAST, 24.15 FEET; THENCE NORTH 50°45'37" EAST THENCE NORTH 46°41'05" EAST THENCE NORTH 72°59'31" EAST THENCE NORTH 66°56'09" EAST THENCE NORTH 52°15'49" EAST, THENCE NORTH 38°51'25" EAST, THENCE NORTH 28°11'40" EAST, THENCE NORTH 29°03'06" EAST, THENCE NORTH 25°55'42" EAST, THENCE NORTH 20°52'57" EAST, THENCE NORTH 18°11'30" EAST, THENCE NORTH 04°59'45" EAST, THENCE NORTH 02°47'53" WEST, THENCE NORTH 16°38'49" WEST, THENCE NORTH 26°00'33" WEST, THENCE NORTH 30°30'29" WEST, THENCE NORTH 08°36'02" EAST, THENCE NORTH 34°38'15" EAST, THENCE NORTH 23°04'30" EAST, THENCE NORTH 08°04'27" 24.69 FEET; 48.27 FEET; 34.95 FEET; 63.91 FEET; 31.75 FEET; 36.71 FEET; 40.36 FEET; 151.03 FEET; 119.85 FEET; 108.39 FEET; 83.58 FEET; 96.53 FEET; 86.35 FEET; 171.91 FEET; 145.94 FEET; 130.62 FEET; 44.24 FEET; 58.01 FEET; 15.66 FEET; EAST, 15.66 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID PARCEL 2; THENCE ALONG SAID NORTHERLY BOUNDARY SOUTH 89°25'39" EAST, 402.85 FEET TO THE POINT OF BEGINNING. AREA = 1,594,819 S.F. OR 36.61 ACRES O:\Legal_De3criptions\011014\071026WestOpen SpaceEasement. Igl.doc BASIS OF BEARING: EASTERL Y LINE OF PARCEL 2 IE N 01'42'35 E LEGAL DESCRIPTION PORTION OF PARCEL 2 ADJ 01-13 CE 01-55 FILE NO. 2001-0865065 At* LEGEND FOB SUBDIVISION BOUNDARY RIGHT-OF-WAY STREET CL EXISTING LOTLINE EXISTING EASEMENT POINT OF BEGINNING AREA OF OPEN SPACE EASEMENT AREA = 1,594,819 S.F. OR 36.61 AC ACRES MORE OR LESS CITY OF OCEANSIDE HIGHWAYj SITE PACIFIC OCEAN fjjt- BUSINESS PARK DR. CITY OF SAN MARCOS KEY MAP SCALE 1"=600' C D N S U L T A 2710 Loker Ave. 760-931-7700 Suite 100 Fax: Carlsbad, CA 760-931-8680 92010 CITY OF ENCINITAS VICINITY MAP NO SCALE EXHIBIT "B'DATE: DECEMBER 11, 2007 APPLICANT: ROBERTSON FAMILY TRUST P.O. BOX 4659 CARLSBAD, CA. 92018 (760) 594-4200 OPEN SPACE EASEMENT Qt*.. if. Zoo 1 GEORGE 0 DM - R.CE. 320M EXP. 12/3 1/08 ROBERTSON RANCH MP 02-03 PR 06-143 SHEET 1 OF 7 SHEETS A.P.M. 208-010-36 G:\011014\0114BZ33A.dwg Dec 11, 2007 4:20pm Xrefs: OlUbmao: 0114AMAP: 0114maD 6207 N89'25'39"W 402.85' N08'04'27"E 15.66' N34'38'15"E 58.01' N08'36'02"E 44.24' PARCEL 2 ADJ. 01-13 CE 01-56 2001-0865085 0' 100' SCALE: 1" = 100' Tl A PUBLIC UTILITIES EASEMENT IN FA VOR OF SDG&E RECORDED JUNE 1, 1953 IN BOOK 4874, PAGE 143 OF OFFICIAL RECORDS. CONSULT 2710 Loker Ave. 760-931-7700 Suite 100 Fax:Carlsbad, CA 760-931-8680 92010 N1811'30"E 83.58' N20'52'57"E 108.39' , H,EXHIBIT "DATE: DECEMBER 11, 2007 APPLICANT: ROBERTSON FAMILY TRUST P.O. BOX 4659 CARLSBAD, CA. 92018 (760) 594-4200 OPEN SPACE EASEMENT GEORGE O'DAY R. CE 32014 P. 12/31/08 ROBERTSON RANCH MP 02-03 PR 06-143 SHEET 2 OF 7 SHEETS A.P.M. 208-010-36 G:\0110H\0114BZ33B.dwg Dec 11, 2007 4:21pm Xrefs: OlUbmao: 0114AMAP: 0114maD 6208 o' PA8CZL 2 ADJ. 01-13 01-56 f/N 2001-0865066 NW4931W 26.73' N54'50'32"E 153.74' C 0 N SULTA> 2710 Loker Ave. 760-931-7700 Suite 100 Fax: Carlsbad, CA 760-931-8680 92010 PUBLIC UTILITIES EASEMENT IN FA VOR OF SDG&E RECORDED JUNE 1, 1953 IN BOOK 4874, PAGE 143 OF OFFICIAL RECORDS. »n**EXHIBIT "B DATE: DECEMBER 11, 2007 APPLICANT: ROBERTSON FAMILY TRUST P.O. BOX 4659 CARLSBAD, CA. 92018 (760) 594-4200 OPEN SPACE EASEMENT f^/j. 200g,, t GEORGE O'DAY. ' R. C.E. 3201 4L EXP. 12/31/08 ROBERTSON RANCH MP 02-03 PR 06-143 SHEET 3 OF 7 SHEETS A.P.N. 208-010-36 G:\011014\0114BZ33C.dwg Dec 20, 2007 8:50am Xrefs: OlUbmao: 0114AMAP: 0114mao 6209 F/N 2Q01-0886Q85 100' 501 SCALE: 1" = 100' SEE SHEET 7 2710 Loker Ave. Suite 100 Carlsbad, CA 92010 760-931-7700Fax:760-931-8680 Tl A PUBLIC UTILITIES EASEMENT IN FA VOR OF SDG&E RECORDED JUNE 1, 1953 IN BOOK 4874, PAGE 143 OF OFFICIAL RECORDS. EXHIBIT "B"DATE: DECEMBER 11, 2007 APPLICANT: ROBERTSON FAMILY TRUST P.O. BOX 4659 CARLSBAD, CA. 92018 (760) 594-4200 OPEN SPACE EASEMENT yj£^t^/jfr^M QIC. /X^*?? GEORGEODAY/f R.C.E 32014(EXP. 12/31/08 ROBERTSON RANCH MP 02-03 PR 06-143 SHEET 4 OF 7 SHEETS A.P.M. 208-010-36 G:\011014\0114BZ33D.dwg Dec 11. 2007 4:27pm Xrefs: OlUbmao: 0114AMAP: 0114mao 6210 PUBLIC UTILITIES EASEMENT IN FA VOR OF SDG&E RECORDED JUNE 1, 1953 IN BOOK 4874, PAGE 143 OF OFFICIAL RECORDS. PARCEL 2 ADJ. 01-13 01-66 F/N 2001-0866066 SEE SHEET J N17'33'37"W 56.64' CONSULT N58V812T 135.03' R=610.00' L=1 25.97' N2019'23"W 44.01' // N16'41'57"E 15.96'// SEE SHEET 6 DATE: DECEMBER 11, 2007 SHEET 5 OF 7 SHEETS A.P.N. 208-010-36 NOOW'OO'E 33.62' N4r07'17"E 127.81' X,' 2710 Loker Ave. 760-931-7700 Suite 100 Fax: Carlsbad. CA 760-931-8680 92010 MnMEXHIBIT "B APPLICANT: ROBERTSON FAMILY TRUST P.O. BOX 4659 CARLSBAD, CA 92018 (760) 594-4200 OPEN SPACE EASEMENT R. C. QUAYS ' 32014 1 EXP. 12/31/08 ROBERTSON RANCH MP 02-03 PR 06-143 G: \011014\0114BZ33E.dwg Dec 11, 2007 4:29pm Xrefs: OIHbmao: 0114AMAP: 0114mao 6211 N41V7'17*E 127.81' PARCEL 2An i /i-/ -/<?ADJ. 01-13 1700 01-66 F/N 2001-0886066 2710 Loker Ave. 760-931-7700 Suite 100 Fax: Carlsbad, CA 760-931-8680 92010 A PUBLIC UTILITIES EASEMENT IN FA VOR OF SDG&E RECORDED JUNE 1, 1953 IN BOOK 4874, PAGE 143 OF OFFICIAL RECORDS. EXHIBIT "B"DATE: DECEMBER 11, 2007 APPLICANT; ROBERTSON FAMILY TRUST P.O. BOX 4659 CARLSBAD, CA. 92018 (760) 594-4200 OPEN SPACE EASEMENT GEOi R.C.32014 (EXP. 12/31/08 ROBERTSON RANCH MP 02-03 PR 06-143 SHEET 6 OF 7 SHEETS A.P.N. 208-010-36 G:\0110H\0114BZ33F.dwg Dec 11, 2007 4:31pm Xrefs: OIHbmao: 0114AMAP: OIHrnao 6212 SEE SHEET 4 PARCEL 2 ADJ. 01-13 C£ 01-65 F/N 2001-0866063N07'4855E 91.81' N26'33'51"W \\ 63.81' N57-22'51"W 52.94' 0' 100' 50 SCALE: 1" = 100' N55V4'52W 139.40' H25'38J1 E 100. CONSULT 2710 Loker Ave. 760-931-7700 Suite 100 Fax: Carlsbad. CA 760-931-8680 92010 EXHIBIT "B - DECEMBER 11, 2007 OPEN SPACE EASEMENTAPPLICANT; SHEET 7 OF 7 SHEETSROBERTSON FAMILY TRUST P.O. BOX 4659 CARLSBAD, CA. 92018 (760) 594-4200 ROBERTSON RANCH MP 02-03 PR 06-143 e.u* t-jU- 'fl OVAtf R.C.E. 32014. EXP. 12/31/08 A.P.N. 208-010-36 G: \011014\0114BZ33G.dwg Dec 11, 2007 4:37pm Xrefs: 0114bmao: 0114AMAP: 0114moD 62134 CERTIFICATION FOR ACCEPTANCE DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Easement from the Robertson Family 1995 Trust 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: January 4. 2008 REISINGER,) Deputy Clerk