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HomeMy WebLinkAboutPR 08-48; LNR CPI Bressi Retail LLC; 2009-0385766; EasementDOC# 2009-0385766 RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT JUL14, 2009 10:43 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES:10 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.: 213-191-12&13 Project ID: Related Project ID: Project Name: PR 08 - 48 CT 06-24 Bressi Ranch Village Center GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LNR CPI Bressi Retail, LLC, a California Limited liability company the owner of real property described herein located in the City of Carlsbad, San Diego County, Californiahereby 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 General Utility and Access Purposes over under and across said real property as described in Exhibit "A", attached hereto and made a part hereof. Exhibit "B" is attached for clarity only. OWNER: LNR CPI Bressi Retail, LLC, a California Limited Liability Company as Owner By: LNR CPI A&D Holdings, LLC, a Delaware Limited Liability Company, its Member By: LNR Commercial Property Investment Fund Limited Partnership, a Delaware Limited Liability Partnership, its Member By: LNR CPI Fund GP, LLC, a Delaware Limited Liability Company, its General Partner By: DATED (Sign Here) Richard L. Cottrell (Print Name Here) Vice President, LNR CPI Fund, GP, LLC (Title) (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 TRUCE 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. H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-24 Bressi Ranch Village Center - Wickham\Deeds-Easement\GRANT DEED OF EASEMENT PR 08-48.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of i On Date personally appeared before me,L - ) Here Insert Narfe and Title of the Offi H^Wlf HiU 1 1j Name(s) of Signer(s) L GAUTHtER Commission* 1722643 - Notary Public - CaMtofnta | Orange County 1__ . -— wh *t»i who proved to me on the basis of satisfactory evidence to be the person^ whose name^) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef/their authorized capacity^), and that by his/hef/thefr signature^) on the instrument the person^), or the entity upon behalf of which the persor^g) 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 Place Notary Seal Above Signature OPTIONAL Signature of Notary Public 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: Document Date: ^—> ~. Number of Pages:.in Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association• 9350 De Soto Ave., P.O.Box 2402 •Chatsworth.CA 91313-2402-www.NationalNotary.org Item #5907 Reorder:CallToll-Free 1-800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION GENERAL UTILITY AND ACCESS EASEMENT PR 08-48 BEING PORTIONS OF LOTS 4 AND 5 OF CARLSBAD TRACT CT 06-24, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACORDING TO MAP THEREOF NO. 15689, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, RECORDED MAY 9, 2008, BE- ING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE ALONG THE EASTERLY LINE OF SAID LOT 4 NORTH 03°07'06" WEST 24.29 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 86°52'54" WEST 12.00 FEET TO A POINT ON THE WESTERLY LINE OF A GENERAL UTILITY AND ACCESS EASEMENT GRANTED PER SAID MAP NO. 15689 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY LINE, NORTH 03°07'06" WEST 16.31 FEET; THENCE SOUTH 86°52'54" WEST 9.00 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 03°07'06" EAST 16.31 FEET; THENCE NORTH 86°52'54" EAST 9.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.003 ACRES, MORE OR LESS. PARCEL B: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE ALONG THE EASTERLY LINE OF SAID LOT 4 NORTH 03°07'06" WEST 123.45 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 86°52'54" EAST 15.00 FEET TO A POINT ON THE EASTERLY LINE OF A GENERAL UTILITY AND ACCESS EASEMENT GRANTED PER SAID MAP NO. 15689 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY LINE NORTH 03°07'06" WEST 10.00 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 86°52'54" EAST 20.52 FEET; THENCE SOUTH 03007'06" EAST 10.00 FEET; THENCE SOUTH 86°52'54" WEST 20.52 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.005 ACRES, MORE OR LESS. P:\3219\MAPPING\LEGALS\GUEDEDICATION.doc07/08/2005 PAGE 1 OF 3 PARCEL C: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE ALONG THE EASTERLY LINE OF SAID LOT 4 NORTH 03°07'06" WEST 129.27 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 86°52'54" WEST 15.00 FEET TO A POINT ON THE WESTERLY LINE OF A GENERAL UTILITY AND ACCESS EASEMENT GRANTED PER SAID MAP NO. 15689 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY LINE NORTH 03°07'06" WEST 10.00 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 86°52'54" WEST 12.55 FEET; THENCE SOUTH 03°07'06" EAST 10.00 FEET; THENCE NORTH 86°52'54" EAST 12.55 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.003 ACRES, MORE OR LESS. PARCEL D: COMMENCING AT THE SOUTHEAST CORNER OF LOT 3 OF SAID MAP NO. 15689; THENCE SOUTH 04°24'53" EAST 71.43 FEET TO A POINT ON THE SOUTHERLY LINE OF A GENERAL UTILITY AND ACCESS EASEMENT GRANTED PER SAID MAP NO. 15689 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY LINE NORTH 86°52'54" EAST 10.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 03°07'06" EAST 20.48 FEET; THENCE SOUTH 86°52'54" WEST 3.75 FEET; THENCE SOUTH 03°07'06" EAST 1.41 FEET; THENCE SOUTH 86°52'54" WEST 6.25 FEET; THENCE NORTH 03°07'06" WEST 21.89 FEET TO THE TRUE POINT OF BE- GINNING. CONTAINS 0.005 ACRES, MORE OR LESS. PARCEL E: COMMENCING AT THE SOUTHEAST CORNER OF LOT 3 OF SAID MAP NO. 15689; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3 SOUTH 86°52'54" WEST 89.44 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 03°07'06" EAST 71.42 FEET TO A POINT ON THE SOUTHERLY LINE OF A GENERAL UTILITY AND ACCESS EASEMENT GRANTED PER SAID MAP NO. 15689 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY LINE SOUTH 86°52'54" WEST 10.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 03°07'06" EAST 21.10 FEET; THENCE NORTH 86°52'54" EAST 4.29 FEET; THENCE SOUTH 03°07'06" EAST 1.90 FEET; THENCE NORTH 86°52'54" EAST 5.71 FEET; THENCE NORTH 03°07'06" WEST 23.00 FEET TO THE TRUE POINT OF BEGINNING. P:\3219\MAPPING\LEGALS\GUE DEDICATION.doc07/08/2005 PAGE 2 OF 3 CONTAINS 0.005 ACRES, MORE OR LESS. PARCEL F: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE ALONG THE EASTERLY LINE OF SAID LOT 5 SOUTH 03°07'06" EAST 54.08 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 86052'54" WEST 15.09 FEET TO A POINT ON THE WESTERLY LINE OF A GENERAL UTILITY AND ACCESS EASEMENT GRANTED PER SAID MAP NO. 15689 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY LINE SOUTH 03°07'06" EAST 10.00 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 86°52'54" WEST 5.21 FEET; THENCE NORTH 03°07'06" WEST 2.25 FEET; THENCE SOUTH 86°52'54" WEST 1.54 FEET; THENCE NORTH 03°07'06" WEST 5.00 FEET THENCE NORTH 86°52'54" EAST 1.54; THENCE NORTH 03°07'06" WEST 2.75 FEET; NORTH 86°52'54" EAST 5.21 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.001 ACRES, MORE OR LESS. BY: GARYL HbS>PLS7019 REGISTRATION EXPIRES 06-30-2010 P:\3219\MAPPING\LEGALS\GUE DEDICATION.doc07/08/2005 PAGE 3 OF 3 EXHIBIT V LEGAL DESCRIPTION: LOTS 4 AND 5 OF CARLSBAD TRACT CT 06-24, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NQ, 15689, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 9, 2008. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE EASTERLY LINE OF LOT 4, AS SHOWN ON CARLSBAD TRACT CT 06-24, MAP NO. 15689, I.E. N03Vr06*W P.O.C. T.P.O.B. LEGEND: INDICATES EXISTING GENERAL UTILITY AND ACCESS EASEMENT GRANTED PER MAP NO. 15689 INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING INDICATES GENERAL UTILITY AND ACCESS EASEMENT VICINITY MAP NO SCALE SITE GATEWAY ROAD EL FUERTE STREET RANCH ENGINEER OF WORK: PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800 SAN DIEGO, CALIFORNIA 92101 PHONE: (619) 235-6471 GARY L HUSrPES 7019 REGISTRATION EXPIRES 6/30/2010 DATE: GENERAL UTILITY AND ACCESS EASEMENT CITY OF CARLSBAD SHEET 1 OF 4 APPLICANT: LNR CPI BRESSI RETAIL, LLC 4275 EXECUTIVE SQ. #210 LA JOLLA, CA. 92037 PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture | Engineering I Survey 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax A.P.N. 213-191-12, 13 CT 06-24 PR 08-48 P:\3219\UAPPING\PLATS\3219 GUE DEDICATION.dwg Mar 18, 2009 EXHIBIT 'B' S86'52'54"W 12.55'-* S03'07'06*E 10.00' N86'52'54"E 12.55'- T.P.O.B. N03V7'06"W 10.00' N03'07'06"W 10.00'N86'52'54"E 20.52' S03'07'06"E 10.00' S86'52'54*W 20.52' ARLS3AD TRACT CT 06-24 RANCH COMMERCIAL MAP 15839 (TIE LINE) N86'52'54HE 15.00' (TIE LINE) S86f52'54°W 15.00' S86'52'54"W 9.00' (TIE LINE) S86'52'54"W 12.00' S03V706 E 16.31' P.O.C. SOUTHEAST CORNER LOT 4 N86'52'54"E 9.00 PARCELS A, B & C H86'52'27"E 165.00 PARCEL S Of CERTIFICATE Of COMPLIANCE REC, 8-24-07 DOC, NO, 2007-0563781 GENERAL UTILITY AND ACCESS EASEMENT - CITY OF CARLSBAD SHEET 2 OF 4 APPLICANT: LNR CPI BRESSI RETAIL, LLC 4275 EXECUTIVE SO. /210 ~ LA JOLLA, CA. 92037 PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Engineering I Survey A.P.N. 213-191-12, 13 CT 06-24 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax PR 08-48 P:\3219\MAPPING\PLATS\3219 GUE DEDICAVON.dwg Mar 18, 2009 '' LOT 3 EXHIBIT 'B P.O.C. SOUTHEAST CORNER LOT J PARCELS D & E 89.44' CARLSBAD TRACT CT 08-24 3R£SSJ RANCH COJVJJVJSRCJAL MAP 15889 S86'52'54"W 10.00' • GENERAL UTILITY AND ACCESS EASEMENT GRANTED PER MAP NO. 15689 T.P.O.B. T.P.O.B. CO rn LINE L1 12 BEARING S03'07'06"E N86'52'54"E LENGTH 1.90' 4.29' S86'52'54"W •3.75' L1 S86'52'54"Ws 6.25' 1.41' ^5.71' GENERAL UTILITY AND ACCESS EASEMENT CITY OF CARLSBAD SHEET 3 OF 4 APPLICANT: LHR CPI BRESSI RETAIL, LLC 4275 EXECUTIVE SO. PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Engineering I Survey A.P.N. 213-191-12, 13 CT 06-24 LA JOLLA, CA. 92037 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax PR 08-48 P:\32W\UAPP1NG\PLATS\3219 GUE DEDICATION.dwg Feb 05, 2009 >r-\>EXHIBIT 'B P.O.C. NORTHEAST CORNER LOT 5 CARLSBAD TRACT CT 08-24 BRHSSJ RANCH MAP 15889 (TIE LINE) S86'52'54'W 15.09' (TIE LINE) &5 15.09' GENERAL UTILITY AND ACCESS EASEMENT CITY OF CARLSBAD SHEET 4 OF 4 APPLICANT: LNR CPI BRESSI RETAIL, LLC 4275 EXECUTIVE SO. #210 LA JOLLA, CA. 92037 PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Engineering | Survey 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax A.P.N. 213-191-12, 13 CT 06-24 PR 08-48 P:\3219\MAPPING\PLATS\3219 GUE DEDICATION.dug Mar 18, 2009 City of Carlsbad Office of the City Clerk Records Management Department CERTIFICATION FOR ACCEPTANCE DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated March 6. 2009 from LNR CPI Bressi Retail, LLC, a California 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: May 14. 2009 KA Tfei^nc 120O Carlsbad Village Drive • Carlsbad, CA 92OO8-1989 • (76O) 434-28O8