HomeMy WebLinkAboutPR 01-33; Kelly Corporate Center II LLC; 2003-0171108; Easement4 I111111 11111 llllllll11 Ill1 2W3Q1711 I lllll11111111111llll111111111111111111 Oe
RECORDED REQUEST OF
First American Title
SUBDIVISION MAPPING DEPT.
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAIL TAX EXEMPT STATEMENTS TO:
EXEMPT
23242
SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s): Assessor's Parcel No.: 21 2-040-63-00
21 2-040-65-00
Documentary transfer tax is $u
( ) computed on full value of prope conveyed, or Kelly Corporate Center II
( ) computed on full value less value of liens and Open Space Easement P Project No. & Name: PR 01-33
encumbrances remaining at time of sale. ~~
( 1 Unincorporated area: (x) Citv of Carlsbad. and
/gGmal-E GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Kelly Corporate Center II, L.L.C., a Delaware Limited Liability Company
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 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 appudenances as approved by the
City Engineer and Planning Director of the City of Carlsbad. (6) 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 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
/
WoraWasters\Fom\Grant Deed of Easement - City 6/1/00
23243
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 consisting of one (1) page, attached hereto and made a part hereof.
Exhibit “B consisting of three (3) pages is attached for clarity only.
STATE OF CALIFORNIA )
COUNTY OF SAN DlEGO )
personally appeared I
personally known to me
-) to be the person(+whose name@)
is/m subscribed to the within instrument and acknowledged
to me that he/- executed the same in his-
authorized capacity(&), and that by hishwMeir signature(+
on the instrument the person(& or the entity upon behalf
of which the person&) acted, executed the instrument.
DMNA L. FARACE
Commission I 1341006
Sari Diego County
Notarj Public - California 5 -
Kelly Corporate Center II, LLC,
a Delaware Limited Liability Company
(Name of Company)
By: Allen Development of Southern California, LLC, a Delaware Limited Liability Company, its
By:
Name: Kevin Noell
(Type or Print)
Title: Chief Operating Officer
(Type or Print)
By:
(Signature)
Name:
(Type or Print)
Title:
(Type or Print)
Word\MastersWoms\Gram Deed of Easemern ~ City
23244
EXHIBIT "A"
PARCEL "A" - OPEN SPACE EASEMENT - PR 01-33
THAT PORTION OF PARCEL 1 OF ADJUSTMENT PLAT 99-14 PER CERTIFICATE OF
COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
JUNE 30,1999 AS DOCUMENT NO. 1999-0457964 OF OFFICIAL RECORDS, IN THE CITY
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE
SOUTHERLY LINE OF SAID PARCEL 1, NORTH 73'59'53" EAST 39.29 FEET TO
EASTERLY RIGHT-OF-WAY LINE OF HIDDEN VALLEY ROAD DEDICATED PER
GRANT DEED RECORDED AUG. 20,2002 AS DOCUMENT NO. 2002-0704504
AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT-OF-
WAY LINE, NORTH 14'03'52" EAST 94.97 FEET; THENCE LEAVING SAID EASTERLY
RIGHT-OF-WAY LINE, NORTH 76'58'37" EAST 13.80 FEET TO A POINT ON THE ARC OF
A NON-TANGENT 162.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL
LINE TO SAID POINT BEARS, SOUTH 14'03'52" WEST; THENCE EASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18'30'32" A DISTANCE OF
52.33 FEET;THENCE NORTH 85'33'20" EAST 36.53 FEET TO THE BEGINNING OF A
TANGENT 300.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1 1'38'25" A
DISTANCE OF 60.95 FEET; THENCE NORTH 73'54'56" EAST 898.84 FEET TO THE
BEGINNING OF A TANGENT 39.00 FOOT RADIUS CURVE CONCAVNORTHWESTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF CURVE THROUGH A CENTRAL
ANGLE OF 28'38'05" A DISTANCE OF 19.49 FEET; THENCE NORTH 45'16'51'' EAST 12.38
CONCAVE NORTHEASTERLY' A RADIAL LINE TO SAID POINT BEARS, SOUTH
40'39'55" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 26'03'38" A DISTANCE OF 90.60 FEET; THENCE
1462.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT
FEET TO A POINT ON THE ARC OF A NON-TANGENT 199.20 FOOT RADIUS CURVE
SOUTH 42'17'07" EAST 14.27 FEET TO A POINT ON THE ARC OF A NON-TANGENT
BEARS, NORTH 80'42'14" WEST, SAID POINT ALSO BEING ON THE WESTERLY RIGHT-
OF-WAY LINE OF AVIARA PARKWAY PER DOCUMENT RECORDED DECEMBER 9,
1998 AS FILE NO. 1998-07988577 OF OFFICIAL RECORDS; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE
THROUGH A CENTRAL ANGLE OF 05'18'16" A DISTANCE OF 135.35 FEET TO A POINT
ON THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE LEAVING SAID WESTERLY
PARCEL 1, NORTH 83'07'40" WEST 193.3 1 FEET TO THE BEGINNING OF A TANGENT
800.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22'52'27" A DISTANCE
OF 319.38 FEET; THENCE SOUTH 73'59'53" WEST 664.93 FEET TO THE TRUE POINT
OF BEGINNING.
SAID EASEMENT CONTAINS 2.026 ACRES
RIGHT-OF-WAY LINE OF AVIARA PARKWAY ALONG THE SOUTHERLY LINE OF SAID
23245
0 TEWPORARY CONSTRUCTION EASTIENTS FOR DRAINAGE, xms AND STREET manm PER DOCUMENT RECOWXD 12/9/98 AS FILE NO. 1998- 0798577,O.R. 0 EXISTING STREET C€DCATIm PER DOCUMENT
RECCEIXD Aut. 20,2002, AS FILE
NO. 2002- 0704504, O.R.
BASIS OF BEARINGS
ME BASS OF I?€ARINC FOR TnlS IXAWNG (SHEET 2)
CERTIFICATE OF COMPUANCE REC- JJNE x), 1999 AS
IS TnE SOUTHERLY UNE OF PAREL 1 OF ACAJ. 99-14 PER
DOCUMENT NO. 1999- 0457464 O.R, N7359’53”E
OPEN SPACE EASEMENT SHEET 1 OF 3
. 23246
INDICATES PROPOSED OPEN SPACE EASEMENT
EASEMENT AREA = 2.026 ACRES . . . . . . . . . Fp
SCALE 1"= 200'
OPEN SPACE EASEMENT SHEET 2 OF 3
! PREPARED BY
GEORGE L. BENTON
R.C.E. 14594
EXP. 3/31 /05
EXHIBIT "B" CITY DWG NO. PR 01-33
A.P.N. 212-040-63 & -65 I
PROJECT NO. I CROSBY MEAD BENTON & ASSOC.
SDP 97-25 I 5650 EL CAMINO REAL, SUITE 100
CARLSBAD, CA. 92008 (760) 438-1 210
23247
LINE DATA
D STAN LE
148 92'
N1403'52''E 94.97
N76'58'37"E 13.80' L L4
12 38' N45'16'51"E L5
36.53' NW33'20"E
L6
111.42' Nlsl3'13'' W L7
. 14.27' N42'17'07" W
CURVE DATA I NO. I RAUUS I IXLTA I ARC I TAN I " ~~~ c1
130.64' 255.56' 29'17' 05" 500.00' c6
67.72' 135.35' 0518'16" 1462.00' c5
46.10' 90.60' 26'03' 38" 199.20' c4 9.95' 19.49' 2838'05'' 39.00' c3
30.58' 60.95' 11'38' 25'' 300.00' c2
26.40' 52 33' 18'30'32" 162.00'
OPEN SPACE EASEMENT SHEET 3 OF i
PREPARED BY:
;EO#GE L.'BENTON l'
I.C.E. 14594
:XP. 3/31 /05
CITY DWG NO. PR 01-33 'sB" A.P.N. 212-040-63 & 65 I
PROJECT NO. I CROSBY MEAD BENTON & ASSOC. ~-
SDP 97-25 I 5650 EL CAMINO REAL, SUITE 100
CARLSBAD, CA. 92008 (760) 438-1210
23248
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the GRANT DEED OF
EASEMENT dated December 5.2002, from Kelly Corporate Center 11, LLC 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: February 11,2003
23249
I DO HEREBY DECLARE UNDER PENALTY OF PERJURY THAT THE
ILLEGIBLE PORTION OF THE DOCUMENT TO WHICH THIS IS ATTACHED
READS AS FOLLOWS:
that by hishedtheir signature (s)
or the entity upon behalf
execged the instrument
First American Title Insurance Company
3-3250
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON
THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS
FOLLOWS:
Name of Notary: Em&&
Commission No: 99
"
Date Commission Expires: 5 -2 Fm-
County where bond is filed:
Manufacturer or Vendor Number: E &- /
Signature: d-ah
Place of execution: