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Home My WebLink AboutSDP 09-05; County of San Diego; 2012-0330235; EasementRECOmiNG REQUESTED BY: FIRST AMERICAN TITLE 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 DOCK 2012-0330235 llllllllllllllllllllllllllllllllllllllllllllllllllllllllll JUN 06, 2012 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg/Jr., COUNTY RECORDER FEES 0.00 OC NA 7210 PAGES: 8 SPACE The undersigned grantor(s) declare(s): /fTi Documentary transfer tax is $0.00 \^/^ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 760-221-96 ZlS-^t^.|$ Project ID: Related Project ID: Related Project ID: Project Name: SDP 09-05 PR 11-50 Palomar Commons C.oiAnV.j Parcp-I 2012-0013-e> GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The County of San Diego, a political subdivision of the State of California, the owner of real property described herein located in the City of Carlsbad, San Diego County, California 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 PUBLIC PEDESTRIAN ACCESS PURPOSES over, under, upon and across said real property as described in Exhibit "A", attached hereto and made a part hereof. Exhibit "B" is attached for clarity only. RESERVING THEREFROM the following rights and privileges: 1. For the use and benefit of the Public, the right of flight for the passage of aircraft in the airspace above said easement, together with the right to cause in said airspace such noise and such incidence of flight as may be inherent in the operation of aircraft, now known or hereafter used for navigation or of flight in air, using said airspace taking off from, landing at or operating on McClellan- Palomar Airport. 2. The continuing and perpetual right to cut to ground level and remove trees, bushes, shrubs or any other perennial growth or undergrowth extending into, or which in the future could infringe upon or extend into or above, the McClellan-Palomar Airport clear zone approach surface. 3. The right to require Grantee, at Grantee's sole cost and expense to remove, raze or destroy any of grantee's facilities infringing upon or extending into said McClellan-Palomar Airport clear zone approach surface, together with the right to prohibit the future erection of buildings or other structures which would infringe upon or extend into said surface. 4. The right to require Grantee, at Grantee's sole cost and expense, to mark and light as obstructions to air navigation, any and all of Grantee's facilities that may at any time project or extend above said surface. Q \CED\LandDev\PROJECTS\SDP\SDP 09\SDP 09-05 Palomar Commons - Bobbett\Deeds-Easement\PR 11 -50 Grant Deed of Easement Pedestrian Access 011312.doc REV 4/15/10 7211 5. The right of ingress to and egress from, and passage over the herein described easement, for the above purposes. . > Dated this day of >^^/^ _, 2012. , P.E<Direct APRIL F. HEINZE, P.E<^irector Department of General Services STATE OF CALIFORNIA COUNTY OF SAN DIEGO r SS On before me, Thomas G. Harrington, Deputy County Clerk in and for said County and State, personally appeared April F. Heinze, P.E., Director, Department of General Services, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and by her signature on the instrument the person, or the entity upon behalf of which the person 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. (seal) WITNESS my hand and official seal. Ernest J. Dronenburg, Jr., Assessor/Recorder/^)rf^y Clerk oirras^.TOrrington - Deputy Q:\CED\LandDev\PROJECTS\SDP\SDP 09\SDP 09-05 Palomar Commons - Bobbett\Deeds-Easement\PR 11-50 Grant Deed of Easement Pedestrian Access 011312.doc REV 4/15/10 7212 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT FOR PUBLIC PEDESTRIAN ACCESS PURPOSES dated April 18, 2012, from The County of San Diego, a political subdivision of the State of Califomia to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, Califomia, 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: June 1.2012 SHERRyFREISINGER: Sertior Deputy Clerk (SEAL) 7213 EXHIBIT "A" PEDESTRIAN ACCESS EASEMENT LEGAL DESCRIPTION PR 11-50 PAGE 1 OF 2 THE LAND DESCRIBED HEREIN IS A PORTION OF PALOMAR AIRPORT IN LOT "G" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDDJG TO MAP THEREOF NO 823, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER NOVMEBER 16, 1896, LYING SOUTH OF PALOMAR AIRPORT ROAD, AS SHOWN ON RECORD OF SURVEY NO. 9939, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER FEBRUARY 27, 1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT THE INTERSECTION OF THE WESTERLY PROLONGATION OF THE SOUTH BOUNDARY OF COUNTY LEASE PARCEL 79-1234A, AS SHOWN ON SAID RECORD OF SURVEY NO. 9939, AND THE SOUTHEASTERLY RIGHT-OF-WAY OF PALOMAR AIRPORT ROAD (ROAD SURVEY 1534-66), 126.00 FEET WIDE, THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY THE FOLLOWING COURSES: NORTH 53°53'45" EAST 642.08 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1937.00 FEET, ALONG SAID CURVE 390.42 FEET THROUGH A CENTRAL ANGLE OF 11°32'54" AND NORTH 65°26'39" EAST 3.26 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL 1: THENCE LEAVING SAID SOUTHEASTERLY RIGHT-OF-WAY, SOUTH 19°36'52" WEST 16.61 FEET; THENCE SOUTH 56°40'11" WEST 88.68 FEET; THENCE NORTH 72°04'35" WEST 17.59 FEET; THENCE NORTH 58°20'48" EAST 109.77 FEET TO SAID SOUTHEASTERLY RIGHT-OF-WAY OF PALOMAR AIRPORT ROAD; THENCE ALONG SAID RIGHT-OF-WAY, NORTH 65°26'39" EAST 3.26 FEET TO THE TRUE ?OINT OF BEGINNING OF PARCEL 1. CONTAINS 0.0280 ACRES OR 1220 SQUARE FEET OF LAND, MORE OR LESS. PARCEL 2 BEGINNING AT THE ES[TERSECTION OF THE SOUTH BOUNDARY OF COUNTY LEASE PARCEL 79-1234-A AND THE WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, AS SHOWN ON SAID RECORD OF SURVEY NO. 9939, SAID POINT BEESfG THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 7214 EXHIBIT "A" PEDESTRIAN ACCESS EASEMENT LEGAL DESCRIPTION PR 11-50 PAGE 2 OF 2 1937.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 83°50'16" EAST; THENCE ALONG SAID CURVE 295.40 FEET THROUGH A CENTRAL ANGLE OF 08°44'16" TO A POINT OF NON-TANGENCY, A RADIAL LINE TO SAID POINT BEARS NORTH 75°05'59" EAST, SAID POESFT BEESfG THE TRUE POESfT OF BEGINNING OF PARCEL 2; THENCE LEAVING SAID RIGHT-OF-WAY, NORTH 57°24'27" WEST 21.38 FEET; THENCE NORTH 24°56'50" WEST 71.46 FEET; THENCE NORTH 30°46'42" EAST 19.79 FEET; THENCE SOUTH 23°34'24" EAST 84.11 FEET TO SAID WESTERLY RIGHT- OF-WAY OF EL CAMINO REAL AND THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1937.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 74°36'10" EAST; THENCE ALONG SAID CURVE 16.81 FEET THROUGH A CENTRAL ANGLE OF 00°29'50" TO THE TRUE POESfT OF BEGINNESfG OF PARCEL 2. CONTAEsfEvJG 0.0299 ACRES OR 1304 SQUARE FEET OF LAND, MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. DATED THIS ^^'^ DAY OF M^^^^y , 2012. DONALD ROY CURRY, EXP. 12/31/12 L.S. 7846 7215 EXHIBTT PEDESTRIAN ACCESS EASEMENT PLAT PAGE ) CF J PARCEL 2 SEE PAGE 3 V 9 LEGAL DESCRIPTION I.E. N B8'52'12" W SCALE: 1"' 300' 150' 300' GRAPHIC SCALE A PORTION OF LOT G OF RANCHO AGUA Q HEDIONDA IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. CALIFORNIA. ACCORDING TO MAP THEREOF NO. 823. FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER NOVEMBER 16. 1896. BASIS OF BEARINGS THE BEARINGS USED HEREIN ARE BASED ON THE CCS 83 (NAD 83) GRID BEARING (EPOCH 1999.92) BETWEEN STATIONS SDGPS 41 AND CLSB-097. AS SAID STATIONS ARE LISTED IN RECORD OF SURVEY NO. 17271 AREAS PARCEL 1 0.028 ACRES PARCEL 2 0.030 ACRES PALOMAR COMMONS PR 11-50 OWNER PREPARED BY COUNTY OF SAN DIEGO 5555 OVERLAND AVE. BUILDING 2, ROOM 110 SAN DIEGO. CA 92123 APN 760-221-96 DONALD ROY CURRY. L.S. 7846 LICENSE EXP. 12-31-12 DATE FUSCOE ENGINEERING INC. 6390 GREENWICH DR. NO. SAN DIEGO. CA 92122 (858) 554-1500 170 7216 EXHIBTT 'B' PEDESTRIAN ACCESS EASEMENT PLAT PAGE 2 OF 3 COUNTY PARCEL 2010-0045-A (79-1234-A) SCALE: 1"= 20' 10' 20' PARCEL 1 LEGEND P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING INDICATES PEDESTRIAN ACCESS EASEMENT GRANTED HEREIN PROPOSED PUBLIC STREET EASEMENT PR 11-49 GRAPHIC SCALE PALOMAR COMMONS PR 11-50 OWNER APN 760-221-96 COUNTY OF SAN DIEGO 5555 OVERLAND AVE. BUILDING 2. ROOM 110 SAN DIEGO. CA 92123 FUSCOE ENGINEERING INC. 6390 GREENWICH DR. NO. 170 SAN DIEGO. CA 92122 (858) 554-1500 7217 EXHIBTT 'B' PEDESTRIAN ACCESS EASEMENT PLAT PAGE 3 OF 3 PROPOSED PUBLIC STREET EASEMENT PR 11-49 COUNTY PARCEL 2010-0045-A (79-1234-A) PARCEL 2 LEGEND P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING SCALE: 1"= 20' 10' 20' INDICATES PEDESTRIAN ACCESS EASEMENT GRANTED HEREIN 40' GRAPHIC SCALE PALOMAR COMMONS PR 11-50 OWNER COUNTY OF SAN DIEGO 5555 OVERLAND AVE. BUILDING 2, ROOM 110 SAN DIEGO. CA 92123 APN 760-221-96 FUSCOE ENGINEERING INC. 6390 GREENWICH DR. NO. SAN DIEGO. CA 92122 (858) 554-1500 170