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HomeMy WebLinkAboutSDP 00-17; THE IRVINE COMPANY LLC; 2011-0596301; EasementQPrnririiNG REEQUSS <''--.0 BY COMMERClAL/INOUSTP.iAL JlVlbiUiv RFrnpniMn BFni irnxm RV- City of Carlsbad AND WHEN RECORDED, PLEASE MAIL TO: City Clerl< City OfCarisbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the City (Gov. Code [6103].) poCft 2011-059e^ni jiiii mil Mill I.".;.,.!. ..V.Y.yO JU I 8786 NOV 08, 2011 8:00 AM Erne... D.nenb.g, J, S^y^nlcSfp 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 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. SPACE ABOVE THIS LINE FOR RECORDER'S USE 167-030-78-00 Assessor's Parcel No. Project ID Related Project ID Related Project ID Project Name SDP 00-17 PR 02-120 Summit at Carlsbad GRANT DEED OF PUBLIC UTILITY EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, The Irvine Company LLC, a Delaware limited liability company, Grantor, does hereby grant to CITY OF CARLSBAD, a Municipal Corporation, its successors and assigns, a public utility easement for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of transporting potable water, recycled water, and waste water flowing into said facilities, and all appurtenant structures, whether above or below the surface of the ground; provided, however, that any facilities located above the surface of the ground shall not exceed four (4) feet in height. Said facilities may include pipelines, valves, blowoffs, manholes, cleanouts, fire hydrants, meters and other appurtenant facilities related to transporting water and waste water. Grantor herein agrees that other than for existing improvements and for streets, roads, sidewalks, landscaping and landscape irrigation systems, no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, that interfere with the uses described herein without the express written approval of the Grantee, in the event that surface or subsurface improvements are removed by the Grantee in the course of constructing, reconstructing, operating, maintaining or repairing facilities, Grantee agrees to replace the surface or subsurface improvements as follows: Asphalt pavement, non-colored/non-patterned concrete pavement: Grantee shall replace in kind. Colored or patterned concrete, pavers, tiles, and other hardscape improvements: Grantee shall replace with asphalt pavement or standard concrete. 1 8787 Landscaping and irrigation: Grantee shali repair/replace ground cover and irrigation systems in kind (other than for bushes and trees, which will not be replaced),, other encroachments: Grantee will remove from the area of work, and leave onsite, LOCATION OF THE EASEMENT: The easement granted herein shall be located over, under, upon and across the real- property more particularly described in Exhibit "A", Exhibit "B" is attached for clar^^ only. Executed by the Grantor this $ ^ day of 0c/U7^/20 If . GRANTOR: THE IRVINE COMPANY LLC, a Delaware limited liability company (sign here) Lori A. Torres, Senior Vice President airaVfil|le of signatory) (sign here) Hilary A. Shalla, Vice President (print name and title of signatory) (Notarial acknowledgement of execution of GRANTOR must be attached,) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation,) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument,) 8788 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State'Of California County of. On (^c' T^^A^-fo^^V/ before me, O Date personally appeared Here Insert Name and Title of the Officer , Name(s) of Signer(s) mm JOMH QftOSSMAN Commitsiofl # 1942247 Notary Public - CaUfomia Oranoa County Mj^Coffln^&^mJjM 1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isi^ subscribed to the within iriatrument and acknowledged tO- me that he/she;^he^executed the same in Jiis/hei^heir>^uthorized capacityjies), and that by his/hei^heij;^ignature(s) on the instrument the person(s), or the entity upon behaif of which the personjs)_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 hand and official & 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:. • Individual • • • • • • Corporate Officer — Title(s): Partner — • Limited • General Attorney in Fact Trustee Guardian or Conservator Other: RIGHTTHUMBPRINT OF SIGNER Top of tfiumb here Signer Is Representing: Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of tfiumb liere ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 •Cfiatswortti.CA 91313-2402•www.NationalNotary.org Item #5907 Reorder: CallToll-Ftee 1-800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION FOR 8789 UTILITY EASEMENT PR OZ~\ZO THAT PORTION OF PARCEL "A" AS SHOWN BY CERTMCATE OF COMPLIANCE RECORDED UOtY /5 . 2003 AS FILE NO. ZOC>3~ oe>'bS>Z3>A- OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: STRIPS OF LAND, 30 FEET WIDE, THE CENTERLINES BEING DESCRIBED AS FOLLOWS: STRIP "A" COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL "A"; TEIENCE ALONG THE SOUIHERLY BOUNDARY OF SAID PARCEL "A" SOUTH 81°06'26" WEST, A DISTANCE OF 165.65 FEET; THENCE AT A RIGHT ANGLE TO SAID SOUTHERLY BOUNDARY NORTH 08°53'34" WEST, A DISTANCE OF 34.00 FEET TO A POINT ON A LINE PARALLEL WTTH AND 34.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM SAID SOUTHERLY BOUNDARY, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE NORTH 08°53'34" WEST, A DISTANCE OF 50.97 FEET; THENCE NORTH 22°52' 14" WEST, A DISTANCE OF 47.46 FEET; THENCE NORTH 04°59'55" WEST, A DISTANCE OF 19.77 FEET TO A POINT DESIGNATED AS POINT "A"; THENCE CONTINUING ON THE LAST MENTIONED COURSE NORTH 04°59'55" WEST, A DISTANCE OF 28.82 FEET; THENCE NORTH 41°21'55" WEST, A DISTANCE OF 70.09 FEET; THENCE NORTH 13°57'29" WEST, A DISTANCE OF 40.68 FEET; THENCE NORTH 46°30'55" WEST, A DISTANCE OF 86.10 FEET; THENCE NORTH 89°25'55" WEST, A DISTANCE OF 255.04 FEET TO A POINT DESIGNATED AS POINT "B"; THENCE NORTH 23°24'05" EAST, A DISTANCE OF 21.40 FEET; THENCE NORTH 00°34'05" EAST, A DISTANCE OF 235.11 FEET; 27oiiExhA_2 Pagel of 3 10/4/02 8790 EXHIBIT "A" LEGAL DESCRIPTION FOR UTILITY EASEMENT THENCE NORTH 89°25'55" WEST, A DISTANCE OF 210.87 FEET; THENCE SOUTH 68°04'05" WEST, A DISTANCE OF 46.36 FEET; THENCE SOUTH 86°49'07" WEST, A DISTANCE OF 130.08 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID PARCEL "A", SAID POINT BEING ALSO THE POINT OF TERMINUS. STRIP ''B" BEGINNING AT THE ABOVE DESCRIBED POINT "B"; THENCE SOUTH 23° 24'05" WEST, A DISTANCE OF 20.98 FEET TO A POINT DESIGNATED AS POINT "C"; THENCE CONTINUING ON THE LAST MENTIONED COURSE SOUTH 23°24'05" WEST, A DISTANCE OF 4.01 FEET; THENCE SOUTH 00°34'05" WEST, A DISTANCE OF 155.81 FEET TO A POINT DESIGNATED AS POINT "D"; THENCE CONTINUING ON THE LAST MENTIONED COURSE SOUTH 00°34'05" WEST, A DISTANCE OF 132.25 FEET; THENCE NORTH 89°25'55" WEST, A DISTANCE OF 39.50 FEET TO A POINT DESIGNATED AS POINT "E"; THENCE CONTINUING ON THE LAST MENTIONED COURSE NORTH 89°25'55" WEST, A DISTANCE OF 169.00 FEET TO THE POINT OF TERMINUS. STRIP "C" BEGINNING AT THE ABOVE DESCRIBED POINT "C"; THENCE NORTH 89°25'55" WEST, A DISTANCE OF 210.06 FEET TO THE POINT OF TERMINUS. STRIP ^0)" BEGINNING AT THE ABOVE DESCRIBED POINT "D"; THENCE SOUTH 89°25'55" EAST, A DISTANCE OF 387.62 FEET TO THE ABOVE DESCRIBED POINT "A", SAID POINT BEING THE POINT OF TERMINUS. 27oiiExhA_2 Page 2 of 3 10/4/02 EXHIBIT "A" LEGAL DESCRIPTION FOR UTILITY EASEMENT 8791 STRIP BEGINNING AT THE ABOVE DESCRIBED POINT "E"; THENCE SOUTH 00°34'05" WEST, A DISTANCE OF 57.29 FEET TO A POINT ON A LINE PARALLEL WTTH AND 34.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM SAID SOUTHERLY BOUNDARY OF SAID PARCEL "A", SAID POINT BEING THE POINT OF TERMINUS. THE ABOVE DESCRIBED EASEMENT SHALL BE AUGMENTED BY AN EASEMENT 5.00 FEET ON BOTH SIDES OF AND EXTENDING 5.00 FEET BEYOND ALL PIPELINE APPURTENANCES INCLUDING, BUT NOT LIMITED TO MANHOLES, CLEANOUTS, SEWER LATERALS, FIRE HYDRANT ASSEMBLIES, AIR VACUUM/AIR RELEASE ASSEMBLIES, BLOW-OFF ASSEMBLIES, DEIECTOR CHECKS, AND SERVICE CONNECTIONS FROM THE PIPELINE TO THE WATER METER BOX. THE SDDELINES OF SAID EASEMENTS ARE TO BE PROLONGED OR SHORTENED TO CREATE A FULL EASEMENT AT ALL INTERSECTING COURSES AND AT THE POINT OF TERMINUS. SEE EXHIBIT "B" ATTACHED HERETO. Dg]>rALD SLLOHR R.C.E. #20508 EXPIRATION DATE: 09-30-05 27011ExhA_2 10/4/02 Page 3 of 3 EXHIBIT "B 8792 SHEET 2 LINE DATA TABLE NUMBER DIRECTION DISTANCE L1 N08*53'34"W 50.97' L2 N22"52'14"W 47.46' L3 N04-59'55"W 19.77' L4 N04-59'55'W 28.82' L5 N41'21'55"W 70.09' L6 N13*57'29"W 40.68' L7 N46*30'55"W 86.10* L8 . N23'24'05"E 21.40' L9 N68*04'05"E 46.36' L10 N23*24'05"E 20.98' Ul N23"24'05"E 4.01' L12 N89"25'55"W 39.50' L13 N00*34'05"E 57.29' BASIS OF BEARINGS FOR THIS PLAT IS THE WESTERLY LOT LINE OF PARCEL 2 PER PARCEL MAP NO. 4838, SHOWN AS N03-09'03"W. N'LY BOUNDARY OF MARRON ROAD "PER DEED TO CITY OF CARLSBAD REC. 5/23/73, DOC. NO. 73-144269 O.R. S.D.CO. CITY OF CARLSBAD DATE: 9-27-02 UTILITY EASEMENT PLAT THE SUMMIT AT CARLSBAD SDP 00-17 SHEET 1 OF 2 SCALE: 1"=150' UTILITY EASEMENT PLAT THE SUMMIT AT CARLSBAD SDP 00-17 SHEET 1 OF 2 PREPARED BY: LOHR+ASSOCIATES INC UTILITY EASEMENT PLAT THE SUMMIT AT CARLSBAD SDP 00-17 A.P.N. 167-030-51. -55 & -71 EXHIBIT "B" ^^^^''* ^ ""'^^ ^^"""^ "'"'^^'"^ L9 N'LY BOUNDARY OF MARRON ROAD PER DEED TO CITY OF CARLSBAD REC 5/23/73, DOC. NO. 73-144269 O.R. S.D.CO. CITY OF CARLSBAD DATE: 9-27-02 SCALE: 1"=100' REPARED BY: LOHR+ASSOCIATES INC UTILITY EASEMENT PLAT THE SUMMIT AT CARLSBAD SDP 00-17 A.P.N. 167-030-51. -55 & -71 8794 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF PUBLIC UTILITY EASEMENT dated October 5, 2011, from the Irvine Company 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: November 4, 2011 Rj^ FREISlKlGEf^, Senior Deputy Clerk (SEAL)