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HomeMy WebLinkAboutPR 3.2.26; LCJ DEVELOPMENT; 89-001975; Easemente 0 March 26, 1993 NOTE TO FILE On December 15, 1992, the Engineering Department sent this deed to us and asked that we accept it and record it. They said the developer, Mr.. Caracciolo, chose not to comply with their requests, and had the deed recorded without city knowledge or acceptance. They said there was no way he was going to comply with Engineering's requests; therefore, they wanted the City to accept this deed since it was "better than nothing". They also indicated there was no way to get another signature from the developer. I talked with the City Attorney, and he requested that we re-record the deed with a certificate of acceptance. We attempted to re-record the deed, but the Recorder's Office returned it saying they needed a new original signature. We talked with the Recorder's Office and were informed that even though the Recorder's staff should not have recorded the document without city acceptance, it was done, and in order for us to correct the situation, we had to get a new original signature (which is impossible). In other words, they said that even though it was their mistake, that was tough. The attached Xerox copy of the deed reflects the document as it was originally recorded. The original deed contains the changed mailing address, which we changed as part of OUT attempt to get it re-recorded. &A&. ETHA L. RAUTENKRANZ 7 City Clerk pile L' at77 LE City of Carlsbad gq #y -3 pg fs: 53 STREET Engineering Department CITY. 2075 Las Palmas Dr. ZIP Carlsbad, CA 009 Title L Order No. 50qs3- Escrow No. r, ur= $ ADDRESS STATE XFiA L. LYLE 67 i t." CDidHTY WECORCtER _1 [ZEj MG 1.00 _I SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is a California Corporation I grantto the City of Carlsbad (name of grantee(s) ) all that real property situated in the City of Carkbad (or in an unincorporated area of) County, California, described as follows (insert legal description): (name 01 County) SEE ATTACHED @ Assessor's parcel No. 16754024 Executed on January 3 ,19 89 ~ at Encinitas, California r. (Cily and Stare) STATE OF CALIFORNIA COUNTY OF 1 ss c7-u.(p,hd2 Jh" eph '&. Caraccidlo, Chairman On this - day of , in the year 19-, before me, the undersigned, a Notary Public in and for said State, personally appeared ;PORATE ACKNOWLEDGMENT NO. 202 State of California Countyof Sari Diego 1 ss* Elizabeth M. Nevett ,I 1 On this the 3rd day of DeCember 1989, before me, the undersigned Notary Public, personally appeared Joseph V. Caracciolo 8 NOTAAY PUBLIC - CAI,!FOM 3 I3 personally known to me proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Chairman or on behalf of the corporation therein hw. "- Notary'gSignature Y ,~~~~~~~-~~~~~~~~~~~~~~~~~~~~ r. - - - - - - - . . -. -. -. ". >* 9 I 1374 cli An easement for foat and venlcle travel' Over that portlm cf Lot 35 of CarlSb8d Tract NO. 81-19, in the Clty of Carlsbed, Caunty of San Olego, State of Catlfarnia, according to Map thereof No. 11595, filed in the Clffrce of the County Recorder of 3aid San Olego County, June 20, 1986, tying Southwesterly uf the Narth- easterly line of said Lat 35 and Northeasterly of the SautI7ueSt- erly 15.00 feet Of 3aId Lot 35 and Westerly, Northerly and East- erly of the arc of a 30.00 foot radius curve, concave 9uuth- easterly bejng tanaent to both the Northeasterly line of said Lot 35 and the Northeasterly llne uf the Southwesterly 15.00 feet of said tot 35, REF 12- '. : 53853-OS ~311-E18/AHR "........ .. . .. .~ .". . .""" .~ . . "" _........ ~ ." .- ." .. . .. .. "".. ." - RECORDING REQUESTED BY w OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: AND WHEN RECORDED MAIL THIS DEED AND, UNLESS r .I....- City Clerk 1 ~ 1373 -"-e& - .. <?" ,"-. -. ,z -. I ;r: i tl- w i ~. --,_.I = . ... .~ . . . .- ?xi- 1 = . T .. ~: .-. . : -.. - .." .: :-:. i -,. - . . .. . . - ..:"A i - .-> ;-x, + - "s-. . 2 .: t '.*.:..;: i :., :, ;; i. : - ,. . ._. . i -. _.._ i ", i -. . . - . .- . < ;_ i - . -.. ... . -- - .._ . i - - -. LA NAMC STREET City of Carlsbad I €g. ?.Z."' j GriK "2 ADDRESS CITY. 1200 Carlsbad Village Dr STATE ZIP Carlsbad, CA 92008 I I " ".* - y3 3 5s L "JI "" 9 Title Order No. __ Escrow No. I SPACE ABOVE THIS LINE FOR RECORDER'S USE 1 GRANT DEED I DOCUMENTARY TRANSFER TAX $" H 7%~ d computed on full value of property conveyedy +. 1 h EASEMEN!l! FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), LCJ Development a California Corporation (name of grantor(s) ) grantto the City of Carlsbad all that real property situated in the City of Carlsbad (or in an unincorporated area of) County, California, described as follows (insert legal description): (name of grantee(s) ) (name of County) SEE ATTACHED @ /"- Assessor's parcel No. 16754024 Executed on January 3 , 19 89 ! at Encinitas, California r (City and Slate) STATE OF CALIFORNIA } (Q&r&L?J<\ (-3 .dAU 2. %kt 7 ss Tpeph .dr. Caracciolo, Chairman i / COUNTY OF On this - day of the undersigned, a Notary Public in and for said State, personally appeared , in the year 19-, before me, ~ ~~ IRPORATE ACKNOWLEDGMENT NO. 20: State of California On this the 3rd day of December 19=, before me, i 1 Sari Diego Elizabeth M. Nevett I Countyof 21 ( I I I the undersigned Notary Public, personally appeared Joseph V. Caracciolo * I I LF personally known to me 0 proved to me on the basis of satisfactory evidence 1' to be the person(s) who executed the within instrument as Chairman or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. I WITNESS my hand and official seal. &&bGcw= m Notary'gsignature 199 ~ ".^.,.. ..".-., ."",*-,e., . rrnn.n % I"... ~- DL.2 - nn ".. .C"C - \","A,"A UilL -1 ".-e 7,. )I ., * e I 131 4 0 An easement for foat and venlcle travel over that portIan cf Lot 35 of Carlsbad Tract No. 81-19, in the Clty of Carlsbad, County Of San Olego, State of Cat!farnfa, accsrdlng to Map thereof No. 1159S, flled in the OFfSce of the County Recorder of said Sen Diego County, June 20, 1986, lytng Southwesterly uf the North- easterly line of said Lot 35 and Northeasterly of the Southwest- erly 15.00 feet Of 3aSd Lot 35 and Westerly, Northerly and East- erly of the arc of a 30.00 fuot radqus curve, concave South- easterly bejng tangent to both the NsrtheasterlY line of.said Lot 35 and the Northeasterly ?!ne uf the Southwesterly 15,OO feet of saSd Lot 35. REF.: 50853-0S 12-3Q-88/AHR . - - - - - - - - - - - - - - - . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - .. - - - - - - .. - - -. - - - - - - - - - . - . - - - - .. - . - - - - - - fG"AG_ - - -* * I* * e CERTIFTCATTON FOR ACCEPTANCE OF DEED This is to certify that the easement conveyed by the foregoing grant deed dated January 3, 1989, from LCJ Development, which was previously recorded on January 3, 1989 without approval or acceptance by the City of Carlsbad, California, a political corporation and/or governmental agency, is now hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred by Resolution No. 91-71 of the City of Carlsad, adopted on March 5, 1991, and the grantee consents to the recordation thereof by it’s duly authorized officer. DATED: January 6, 1993 hLL ALETHA L. RAUTENKRANZ, City Cldrk ..A