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HomeMy WebLinkAboutPR 09-17; Aviara Premier Collection; 2009-0230627; EasementDQC# 2009-0230627 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT OCNA MAY 01,2009 3:17 PM OFFICIAL RECORDS SAN DIEGO COLIN TV RECORDER'S OFFICE DAVID L. BUTLER COUNTY RECORDER 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 above this line for Recorder's Use Assessor's Parcel No. 215-840-02 Project No. & Name Ambrosia Lane School Driveway Curb Returns PR 09-1? Project No. 749Q GRANT DEED OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Aviara Premier Collection hereby GRANTS to the City of Carlsbad the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for slopes constructed in conjunction with public street and public utility purposes over, under, upon and across said real property together with the right to construct, grade, remove and deposit soil and construction materials, conduct operations related to the construction of adjacent facilities and features, clear landscape, inspect, and maintain within the bounds of said easement as described in Exhibit "A" consisting of one (1) pages, attached hereto and made a part hereof. (Exhibit "B" consisting of two (2) pages is attached for clarity only.) Reserving unto the owners of the above- described parcel of land, their successors or assigns, the rights at any time to remove such slopes or portions thereof upon removing the necessity for maintaining such slopes or portions thereof or upon providing in place thereof other adequate lateral support, the design and construction of which shall be first approved by the City of Carlsbad, for the protection and support of said roadway. This easement shall automatically be extinguished after recordation of notice of completion for said construction. Dated vj OWNER: Aviara Premier Collection Gaye Hoeflich (Print Name Here) President (Title) (Sign Here) De'Ann Weimer (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. (Print Name Here) Secretary (Title) H:/Development Services/Masters/Deeds-rant Deeds-Easements/Grant Deed of Easement Slope-Construction Rev. 3/24/08 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of personally appeared Klrrfttxcf v3u--kJt*-<-Of ice rand Title of the SHERRY A. FRilSINGW Commission * 1727044 Notary Public - Callfomlo | San Di«go County i Mr COfTWn. GMDtMFCb2&2QI1 ^ Place Notary Seal Above who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Signature OPTIONAL^^1 I i^^lV^^^m ill I \ Though the information below is not required by law, it may prove valuable to persons relying on the documsnr and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~) I t^-\ Document Date: ^=^l^-t}0 °[ 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:. RIGHTTHUMBPRINT 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: Call Toll-Free 1 -800-876-6827 APN 215-840-02 AVIARA PREMIER COLLECTION ASSOCIATION EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF LOT 9 OF THE CITY OF CARLSBAD TRACT NO. 92-3 AVIARA, PHASE III, UNIT I, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 23,1997, AS FILE NO. 97-292740. BEGINNING AT THE SOUTHWEST CORNER OF LOT 9, SAID POINT BEING ALSO ON THE EASTERLY RIGHT-OF-WAY LINE OF AMBROSIA LANE, 60.00 FEET WIDE; THENCE NORTH 00° 42' 22" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 381.32 FEET TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING NORTH 00° 42' 22" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 10.61 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 530.00 FEET; THENCE NORTHWESTERLY 60.42 FEET ALONG SAID CURVE AND RIGHT- OF-WAY LINE THROUGH A CENTRAL ANGLE OF 6° 31' 56"; THENCE NORTH 07° 14' 18" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 9.15 FEET; THENCE LEAVING SAID RIGHT-OF- WAY LINE NORTH 89° 17' 38" EAST A DISTANCE OF 19.48 FEET TO THE EASTERLY UNE OF LOT 9; THENCE SOUTH 00° 42' 22" EAST ALONG SAID EASTERLY LINE OF LOT 9 A DISTANCE OF 80.00 FEET; THENCE LEAVING SAID EASTERLY LINE OF LOT 9 SOUTH 89° 17' 38" WEST A DISTANCE OF 15.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINING 1,305 SQUARE FEET, MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER THE SUPERVISION OF:a L FOREMAN.S. i REGISTRATION EXP: 6-30-10 DATE to u. I LOT 9. TR 92-3. PH IH. UNIT 1, MAP NO. 13434 LEGEND I / y / \ AREA TO BE ACQUIRED Y//A FOR TEMPORARY1 f < < 'CONSTRUCTION EASEMENT (AREA -1305 Sf MORE OR LESS) ALL DATA SHOWN HEREON IS DERIVED FROM RECORD LOT 9 SCALE PREPARED UNDER THE JPER VISION HARRIS & ASSOCIATES 750 B Street, Suite 1800 San Diego, CA 92101 (619) 236-1778 • (619) 236-1179 11 FOREMAN P.LS. 5778 EXPIRES 06-30-10 Revised By MP Approved By MLF Checked By MLF Drawn By MP Date 1-28-09 Date 1-28-09 Dote 1-28-09 Date 1-28-09 CITY OF CARLSBAD EXHIBIT 'B' TEMPORARY CONSTRUCTION EASEMENT LOT 9, TR 92-3, PH III, UNIT 1. MAP NO. 13434 ASSESSOR'S PARCEL NO. 215-840-02 Scale Ref MAP 13434 SHEET 1 OF 2 SHEETS ft) AN EASEMENT TO THE CARLSBAD UNIFIED SCHOOL DISTRICT FOR VEHICULAR ACCESS AND ROADWAY PURPOSES PER DOCUMENT RECORDED NOVEMBER 8, 1993 AS FILE NO. 1993-0750624 OF OFFICIAL RECORDS. (D AN EASEMENT TO PACIFIC BELL FOR PUBLIC UTILITIES, INGRESS, AND EGRESS PURPOSES PER DOCUMENT RECORDED DECEMBER 12, 1997 AS FILE NO. 1997-0629805 OF OFFICIAL RECORDS. fc> AN EASEMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT FOR PUBLIC UTILITIES. INGRESS, AND EGRESS PURPOSES PER DOCUMENT RECORDED AUGUST 7, 1989 AS RLE NO. 89-419898 OF OFFICIAL RECORDS. f5> AN EASEMENT TO THE CITY OF CARLSBAD FOR PUBLIC UTILITIES, INGRESS, AND EGRESS PURPOSES PER DOCUMENT RECORDED JUNE 29. 1989 AS FILE NO. 89-345761 OF OFFICIAL RECORDS. AN EASEMENT TO DANIELS CABLEVISON. INC. FOR CAW SERVICE PURPOSES PER DOCUMENT RECORDED JUNE1.1990 AS RLE NO. 1990-298175 OF OFFICIAL RECORDS. THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. AN EASEMENT TO PACIFIC BELL FOR PUBLIC UTILITIES. INGRESS. AND EGRESS PURPOSES PER DOCUMENT RECORDED SEPTEMBER 6, 1991 AS FILE NO. 1991-0456674 OF OFFICIAL RECORDS. SAID EASEMENT HAS NO EFFECT ON LOT 9. AN EASEMENT FOR TEMPORARY AND NON-EXCLUSIVE EASEMENTS FOR ACCESS. INGRESS AND EGRESS. CONSTRUCTION EASEMENTS, SLOPE AND MAINTENANCE EASEMENTS AND GRADING PURPOSES RECORDED AUGUST 1. 1997 AS FILE NO. 1997-0370228 OF OFFICIAL RECORDS. SAID EASEMENT IS BLANKET IN NATURE AND HAS NO EFFECT ON LOT 9. AN EASEMENT FOR TEMPORARY AND NON-EXCLUSIVE EASEMENTS FOR ACCESS, INGRESS AND EGRESS. TEMPORARY CONSTRUCTION EASEMENTS, SLOPE AND MAINTENANCE EASEMENTS AND GRADING PURPOSES RECORDED AUGUST 1, 1997 AS RLE NO. 1997-0370229 OF OFFICIAL RECORDS. SAID EASEMENT IS BLANKET IN NATURE AND HAS NO EFFECT ON LOT 9. EASEMENTS AS DEFINED IN DECLARATION OF COVENANTS. CONDITIONS. AND RESTRICTIONS FOR THE AVIARA PREMIER COLLECTION RECORDED MAY 14. 1999 AS RLE NO. 199-0330774 OF OFFICIAL RECORDS AND ANY AMENDMENTS THERETO RECORDED AUGUST 15. 2000 AS FILE NO. 2000-0432767 OF OFFICIAL RECORDS. SAID EASEMENTS ARE GENERAL IN NATURE WITH NO SPECIFIC LOCATIONS DEFINED. PREPARED UNDER THE SUPERVISION OF HARRIS & ASSOCIATES 750 B Street, Suite 1800 San Diego, CA 92101 (619) 236-1778 • (619) 236-1179 MICHAEL L FOREMAN P.LS. 5778 EXPIRES 06-30-10 Revised By MP Dote 1-28-09 Approved By MLF Date 1-28-09 Checked By MLF Dote 1-28-09 Drawn By MP Date 1-28-09 CITY OF CARLSBAD EXHIBIT 'B' TEMPORARY CONSTRUCTION EASEMENT LOT 9, TR 92-3, PH III, UNIT 1, MAP NO. 13434 ASSESSOR'S PARCEL NO. 215-840-02 Scale Ref MAP 13434 SHEET20F 2 SHEETS CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated March 20. 2009. from Aviara Premier Collection, 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: April 28. 2009 SHEILA R. COBIAN, Deputy City Clerk (SEAL>