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HomeMy WebLinkAboutPR 01-0018; MAG Property; 2002-0258807; Easement.. Recorded at. the request 0’ Chicago Title RECORDING REQUESTED BY: WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD Carlsbad, CA 92008 1200 Carlsbad Village Drive MAIL TAX EXEMPT STATEMENTS TO: EXEMPT DOC # 2002-0258807 MQR 27s 2002 4~59 PM SPACE ABOVE THIS LINE FOR RECORDERS USE 2002-0258807 The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 Assessor’s Parcel Nos: 223-050-68,223-050-70 ( ) computed on full value of Ee$%eyed, or Project No. 8 Name: Rancho Santa Fe Road, PR 01-0018 ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad, and 31 90 encumbrances remaining at time of sale. GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MAG PROPERTY, a California general partnership 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 over, under, upon and across the real property as described in Exhibit “A” consisting of three (3) pages, attached hereto and made a part further grants to the City of Carlsbad the right to extend and access drainage structures, excavation hereof. Exhibit “B consisting of four (4) pages is attached for clarity only. The Grantor hereby and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said street and utilities. Access rights for drainage structures shall extend a minimum of ten feet (IO’) on either side of pipe outside diameters or outerwalls of box culverts and edges of rip rap fields and ten feet (IO’) beyond all inlet and outlet structures, including assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in rip rap fields. RESERVING unto grantor of the above described parcel of land, his successors, or the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support andlor drainage facility, providing such substitution is first approved in writing by said Engineer. The Grantor hereby further offers to Grantee all trees, growths (growing or that may hereinafter grow), and road building materials within said right-of- way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, successors and assigns, hereby waives any claim for any and ail damages to Grantor’s remaining reconstruction, improvement or maintenance of said street and utilities. The Grantor, for himself, his property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said street and utilities. This grant of easement is pursuant to the provisions of that certain “Irrevocable Offer to Dedicate Real Property” (IOD). PR 3.4.173 for public roadway purposes dated November 27, 1996 and recorded March 20, 1998 as File No. 1998-0152410 in the Office of the County Recorder of San Diego County. The IOD is incorporated by reference in the “1996 Rancho Santa Fe Road Agreement Between City of Carlsbad and Real Estate Collateral Management Company“. This agreement anticipates and allows for changes to the legal description and plats for property described in the IOD. which changes are incorporated into this grant of easement. Ill NordWstersIF~m\Grant Deed of Easement - Cih, WlIw 30915 Grantor knowingly waives any right to receive just compensation for the property rights conveyed by this easement. STATE OF CALIFORNIA ) ) COUNN OF SAN DlEGO ) satisfactory evidence) to be the person(s) whose name@) is/= subscribed to the within instrument and acknowledged to me that he/skd(bey executed the same in his/hdAeif authorized capacity(ies), and that by his/herHken signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS mv hand and official seal. proved to me on the bads of Signature: MAG PROPERTY, a California Name:MABEE FAMILY TRUST DATED OCTOBER 4,20qrype or Print) ~i+l-. PARTNER MLY TRUST DATED OCTOBER, 4, 2001 (Type or Print) Title: PARTNER Name: THEODORE A. ARONEY Title: PARTNER 39916 CAL~FORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C& ~4xm~ County of sw Dif& On M* 1, &r beforeme, a ROI~. A/~SCYW. t~bb/;b personally appeared ,ghn f. Maha hd &fPv p/lkhLe D.1d Name and Title (11 MfiCer (&&,'"Jane Dm, M&ry Public) Narne(s1 otSigner(s1 >ersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person@) whose name(s) idare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signature@) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. . &a:&!! &. (g" I Signalum 01 Notary Pualic OPTldAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: I Document Date: Number of Pages: Capacity(ies) Claimed by Signer@) Signer's Name: O Individual 0 Corporate Officer Title@): 0 Partner - 0 Limited 0 General 0 Attornev-in-Fact I 0 Trustee- 17 Guardian or Consetvator 0 Other: I/ Signer Is Representing: Signer's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact Trustee- 0 Guardian or Conservator 0 Other: Signer Is Representing: 30917 EXHIBIT "A MAG PROPERTY RIGHT -OF-WAY EASEMENT PR 01-0018 THAT PORTION OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS DE- SCRIBED AS PARCEL "A OF CERTIFICATE OF COMPLIANCE RECORDED DE- CEMBER 15, 1989 AS DOCUMENT NUMBER 89-680019 OF OFFICIAL RECORDS AND LYING NORTHEASTERLY OF A LINE BEARING NORTH 43'5051" WEST HAV- ING A DISTANCE OF 1685.03 FEET (NORTH 43'5000 WEST HAVING A DISTANCE OF 1685.42 FEET RECORD) AS SHOWN ON ROS 12915, FILED IN THE OFFICE OF THE COUNTY RECORDER OCTOBER 4, 1990 AND THAT PORTION OF PARCEL "6 OF LAND AS DESCRIBED IN QUITCLAIM DEED TO MAG PROPERTY RE- CORDED J/4A/.33O,2002 AS FILE NO. 2002-00 79622 OF OFFICIAL RE- CORDS MORE PARTICULARLY DESCRIBED AS PARCELS A AND B AS FOLLOWS: PARCEL A THAT PORTION OF SAID LAND LYING WITHIN A 126.00 WIDE FOOT STRIP, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 3.5" DIAMETER BRASS DISK IN A 2.5' X 4' BOULDER STAMPED "LOMAX" PER R.O.S. 14310 FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 9, 1993; THENCE NORTH 79'05'25 WEST 56,764.62 FEET TO A 2.5 NUM ACCESS COVER PER ROS 14310; THENCE SOUTH 34'35'23" EAST 21,332.54 FEET TO A WELL MONUMENT AT THE CENTERLINE INTERSECTION OF LA COSTA AVENUE AND RANCHO SANTA FE ROAD MARKED 166+38.81 AS SHOWN ON IMPROVEMENT PLANS ON FILE AT THE CITY OF CARLSBAD AS 38'47'37" EAST (NORTH 38'50'03" EAST, RECORD PER ROS 12915) FROM A MENT PLANS AND SAID ROS 12915; THENCE CONTINUING NORTH 38'4737" EAST 146.07 FEET TO THE BEGINNING OF A TANGENT 1,800.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43'48'07" A DISTANCE OF 1,376.08 FEET; THENCE TANGENT TO SAID CURVE NORTH 82'35'44" EAST 253.44 FEET TO THE INTERSECTION WITH THE LINE BEARING NORTH 43'50'51'' WEST HAVING A DISTANCE OF 1685.03 FEET (NORTH 43'50'00 WEST HAVING A DISTANCE OF 1685.42 FEET RECORD) AS SHOWN ON SAID ROS 12915 BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 82'35'44" EAST 31.09 FEET TO THE BEGINNING OF A TANGENT 2,400.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2'47'41" A DISTANCE OF 117.06 FEET TO A DIAMETER ALUMINUM DISK STAMPED "HPGN CA 11 07" SET INSIDE A 6 ALUMI- DWG. NO. 262-1 AND SAID ROS 12915, SAID MONUMENT BEARS NORTH WELL MONUMENT STAMPED 162+50.73 ALSO AS SHOWN ON SAID IMPROVE- F:\WINOATAUOES\l19lWG N REVC. RW ESMT.OOC 1 OF3 33918 POINT HEREINAFTER REFERRED TO AS POINT “A”, TO WHICH A RADIAL LINE BEARS SOUTH 10’11’57” EAST; THENCE CONTINUING ALONG THE ARC OF SAID 2,400.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 31°20’46” A DISTANCE OF 1,313.02 FEET TO AN INTERSECTION WITH THE NORTHWEST- ERLY PROLONGATION OF THAT PORTION OF THE NORTHEASTERLY LINE OF ANCE WHICH LINE HAS A BEARING OF NORTH 41’32’36”WEST (NORTH 41’31’39’’ WEST, RECORD PER ROS 12915). THE SIDELINES OF SAID 126.00 FOOT WIDE STRIP TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHWESTERLY IN THE LINE BEARING NORTH 43’50’51” WEST HAVING A DISTANCE OF 1685.03 FEET (NORTH 43’50’00” WEST HAVING A DISTANCE OF 1685.42 FEET RECORD) AS SHOWN ON SAID ROS 12915 AND NORTHEASTERLY IN THE NORTHEASTERLY BOUNDARY ANCE AND SHOWN ON SAID ROS 12915. THAT PARCEL DESCRIBED AS PARCEL “A OF SAID CERTIFICATE OF COMPLI- OF SAID PARCEL “A OF LAND DESCRIBED IN SAID CERTIFICATE OF COMPLI- EXCEPTING THEREFROM THAT PORTION OF SAID 126.00 FOOT WIDE STRIP LY- ING WITHIN MAP 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 3, 1974. CONTAINING 2.342 ACRES MORE OR LESS PARCEL B THAT PORTION OF SAID LAND DESCRIBED AS PARCEL “A OF SAID CERTIFI- CATE OF COMPLIANCE LYING WITHIN A 60.00 FOOT WIDE STRIP, THE CENTER- LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT “B” AS DESCRIBED IN PARCEL A ABOVE, TO WHICH A RADIAL LINE BEARS SOUTH 10’11’57” EAST; THENCE NORTH 10°11’28” WEST 63.00 FEET TO THE NORTHERLY LINE OF THE 126.00 FOOT WIDE STRIP OF LAND DESCRIBED AS PARCEL A AND THE TRUE POINT OF BEGINNING, THENCE CONTINUING NORTH 10’11’28” WEST 408.75 FEET TO THE BEGINNING OF A TANGENT 700.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTH- ERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27’02’28 A DISTANCE OF 330.37 FEET TO THE SOUTHEASTERLY BOUNDARY OF SAID MAP 7950. THE SIDELINES OF SAID 60.00 FOOT WIDE STRIP TO BE PROLONGED OR ERLY BOUNDARY OF SAID MAP 7950, BEING ALSO THE NORTHWESTERLY BOUNDARY OF PARCEL “A OF LAND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AND SHOWN ON SAID ROS 12915, AND SOUTHERLY IN THE NORTHERLY LINE OF THE 126.00 FOOT WIDE STRIP OF LAND DESCRIBED HEREON AS PARCEL A. SHORTENED SO AS TO TERMINATE NORTHWESTERLY IN THE SOUTHEAST- F:\WINDATA\JOBS\11932-I\MAG N REVC. RW ESMT.DOC 2OF3 TOGETHER WITH THAT PORTION OF LAND LYING SOUTHEASTERLY OF A 25.00 GENT TO THE WESTERLY LINE OF THE ABOVE DESCRIBED 60.00 FOOT WIDE STRIP AND TANGENT TO THE NORTHERLY LINE OF THE 126.00 FOOT WIDE STRIP OF LAND DESCRIBED AS PARCEL A, SAID AREA BOUNDED BY THE WESTERLY LINE OF THE ABOVE DESCRIBED 60.00 FOOT WIDE STRIP AND BY THE NORTHERLY LINE OF THE 126.00 FOOT WIDE STRIP’OF LAND DESCRIBED AS PARCEL A. CONTAINING 0.493 ACRES MORE OR LESS FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, SAID CURVE BEING TAN- THE BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, NAD 83. TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE BY THE APPRO- PRIATE COMBINATION FACTOR. THE COMBINATION FACTOR AT STATION “SM138” IS 0.999941843 (SEE ROS 13928 FOR LOCATION). /b -5 -a/ GARY A. LINTVEDT. L.S. No. 4593 MY LICENSE EXPIRES: 9-30-02 F:\WINDATAWOBS\11932-1\MAG N REVC. RW ESMT.DOC 3OF3 . 60' EASEMENT AND RIGHT OF WAY GRANTED TO THE COUNTY OF SAN DIEGO RECORDED JANUARY 21, 1930 IN BOOK 1737, PAGE 4 OF DEEDS. ?. 1OO'EASEMENT AND AN ADDITIONAL 20' ON EACH SIDE FOR TREE TRIMMING GRANTED TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED APRIL 19,1954 IN BOOK 5208. PAGE 403 AND FEBRUARY 5.1954 IN BOOK 5132, PAGE 342, BOTH OF O.R. 3. 30' EASEMENT GRANTED TO OLIVENHAIN MUNICIPAL WATER DISTRICT RECORDED OCTOBER 27,1971 AS FILE NO. 247284 OF O.R. $. 3O'EASEMENT GRANTED TO OLlVENHAlN MUNICIPAL WATER DISTRICT RECORDED JULY 3,1972 AS FILE NO. 170416 OF O.R. j. AN EASEMENT GRANTED TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1 RECORDED MAY 15. 1974 AS FILE NO. 74-126972 OF O.R. 5. AN EASEMENT GRANTED TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1 RECORDED JANUARY 13, 1977 AS FILE NO. 77-014212 OF O.R. 7. AN EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED JULY 14,1977 AS FILE NO. 77-281161 OF O.R. 3. 10' PUBLIC UTILITY AND TREE PLANTING EASEMENT DEDICATED ON MAP 7950. CARLSBAD RECORDED&% 5 ASZWSJD~%Z3O.R. IO. 60' ROAD EASEMENT GRANT D TO THE CITY OF 11. A ROAD EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED JBB*_3a-A@2 ~~ZW4019b220.~. 12.A ROAD EASEMENT GR T D TO THE CITY OF CARLSBAD RECORDED YgF A J4+2O02 AS Z!WQQ?-%!M 0. R . No. LS 4593 032m3-01.dgn )ATE$ 1-07-02 IW.0. 11932-1 THE BASIS OF BEARINGS FOR THIS PLAT IS THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, NAD 83, USING A BEARING CALCULATED BETWEEN "LOMAX" AND "HPGN CA 11 07" AS SHOWN ON ROS 14310, I.E. N 79'05' 25" W. LECEM)* INDICATES PARCEL A ROAD EASEMENT INDICATES PARCEL B ROAD EASEMENT @ INDICATES EXISTING EASEMENT (SEE EASEMENT NOTES FOR DESCRIPTION) @ INDICATES PORTION OF LAND QUITCLAIMED PER DEED 9" 4&3&%m2 FILE NOZ@E&=-U O.R., RECORDED @ INDICATES PORTION OF LAND QUITCLAIMED PER DEED AS FILE NO.~-Wl%Z& O.R., RECORDED iiAt"aW0 @ INDICATES PORT1 N OF LAND QUITCLAMED PER DEED AS FILE NO.UQ:&!!-'L4 8 O.R., RECORDED TAU. 14, -ZQQZ--- A WELL MONUMENT PER CITY OF CARLSBAD DWG. NO. 262-1 (R) RADIAL TPOB TRUE POINT OF BEGINNING 0 FOUND MONUMENT, AS NOTED $HFET LAYOUT \ NO SCALE 1 RANCHO SANTA FE ROAD PLAT FOR ROAD EASEMENT B PROJECT NO. EXHIBIT 3190 MAG PROPERTY PR 01-0018 WT. 1 OF4 30920 rmLmuu& d32m3-02.dpn RANCHO SANTA FE ROAD 1 PLAT FOR ROAD EASEMENTI MAG PROPERTY I PROJECT NO. 3190 I PR 01-0018 EXHIBIT SIT. 2Of4 , , , , , , , , , r .re ””*. 200 SEE TIE DETAIL, ABOVE Bo 332rn3-03.dgn SCALE: 1” = 200’ RANCHO SANTA FE ROAD PLAT FOR ROAD EASEMENT PROJECT NO. 3190 B b4AG PROPERTY SHT.3OF4 PR 01-oo18 10‘ - f 0 LD m b J a 6 932m3-04 7 SCALE: 1” = 200’ RANCHO SANTA FE ROAD PLAT FOR ROAD EASEMENT PROJECT NO. EXHIBIT 3190 B MAG PROPERTY PR 01-0018 WT.4(X4 30323 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated March 7. 2002, from MAG Propertv., 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: March 27.2002 n , .~. L I .. , ;.. ,/ '.'. . '. _. .