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HomeMy WebLinkAboutSDP 09-05; County of San Diego; 2012-0330236; EasementRECORDING REQUESTED BY: FIRST AMERICAN TITIJE DOC lllllllllll 20- HIM 2-033023G II 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 JUN 06, 2012 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES 0.00 OC: NA 7218 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.: 760-221-96 7A%^OtO^\^ Project ID: Related Project ID: Related Project ID: Project Name: SDP 09-05 PR 11-51 Palomar Commons CounVy Parcel 2o\2 'OOiZ-C 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 STORM DRAIN AND 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 11-51 Grant Deed of Easement Storm Drain 011312.doc REV 4/15/10 7219 5. The right of ingress to and egress from, and passage over the herein described easement, for the above purposes. , J/ J Dated this day of A^/C/^ 2012 , P<£f, Direct( APRIL F. HEINZE, P<£/, Director Department of General Services STATE OF CALIFORNIA COUNTY OF SAN DIEGO > SS On ^ ^/S^y^ 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. WITNESS my hand and official seal. (seal) Ernest J. Dronenburg, Jr., Assessor/Recorder/i Harrington - Deputy Q:\CED\LandDev\PROJECTS\SDP\SDP 09\SDP 09-05 Palomar Commons - Bobbett\Deeds-Easement\PR 11-51 Grant Deed of Easement Storm Drain 011312.doc REV 4/15/10 7220 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT FOR PUBLIC STORM DRAIN AND ACCESS PURPOSES dated April 18, 2012, from The County of San Diego, a political subdivision of the State of California 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: June 1,2012 nior Deputy Clerk (SEAL) 7221 EXHIBIT "A" STORM DRAIN EASEMENT LEGAL DESCRIPTION PR 11-51 PAGE 1 OF 3 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, ACCORDING 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: 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 (N53°54'00"E PER ROS 9939) 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 102.10 FEET (N65°26'54"E PER ROS 9939) TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY RIGHT-OF- WAY, NORTH 65°26'39" EAST 25.01 FEET TO THE NORTHEASTERLY SIDELINE OF PARCEL 91-0450-1 OF THAT CERTAIN DRAINAGE EASEMENT GRANTED PER DOCUMENT RECORDED JULY 15, 1992 AS DOCUMENT NO. 1992-0443329, OF OFFICIAL RECORDS; THENCE LEAVING SAID RIGHT-OF-WAY ALONG SAID NORTHESTERLY SIDELINE, SOUTH 22°38'50" EAST 24.61 FEET (S22°39'16"E 24.61' PER SAID DOCUMENT) TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID SIDELINE, SOUTH 67°21'10" WEST 3.58 FEET (S67°20'44"W PER SAID DOCUMENT); THENCE LEAVING SAID SIDELESfE SOUTH 15°26'04" WEST 14.39 FEET; THENCE NORTH 65°26'39" EAST 55.13 FEET; THENCE NORTH 03°01'05" WEST 38.16 FEET TO SAID SOUTHEASTERLY RIGHT-OF-WAY OF PALOMAR AIRPORT ROAD; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY, NORTH 65°26'34" EAST 31.74 FEET TO THE NORTHEASTERLY SIDELINE OF PARCEL 91-0450-J OF SAID CERTAIN DRAINAGE EASEMENT; THENCE ALONG SAID NORTHEASTERLY 7222 EXHIBIT "A" STORM DRAIN EASEMENT LEGAL DESCRIPTION PR 11-51 PAGE 2 OF 3 SIDELINE, SOUTH 07°35'30" WEST 24.55 FEET (S07°35'04"W PER SAID DOCUMENT); THENCE LEAVING SAID NORTHEASTERLY SIDELINE, SOUTH 03°01'05" EAST 42.70 FEET; THENCE SOUTH 65°26'39" WEST 84.76 FEET; THENCE SOUTH 24°33'21" EAST 144.68 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 540.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 22°21'06" EAST; THENCE ALONG SAID CURVE 294.62 FEET THROUGH A CENTRAL ANGLE OF 31°15'36"; THENCE NORTH 36°23'17" EAST 183.81 FEET; THENCE NORTH 67°19'35" EAST 230.97 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 510.00 FEET; THENCE ALONG SAID CURVE 75.45 FEET THROUGH A CENTRAL ANGLE OF 08°28'33"; THENCE NORTH 75°48'08" EAST 206.20 FEET; THENCE SOUTH 80°18'39" EAST 178.17 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, SAID POINT BEING 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 68°35'30" EAST; THENCE ALONG SAID RIGHT-OF-WAY AND SAID CURVE 23.27 FEET THROUGH A CENTRAL ANGLE OF 00°41'18" TO A POINT OF NON-TANGENCY, A RADIAL LINE TO SAID POINT BEARS NORTH 69°16'48" EAST; THENCE LEAVING SAID RIGHT-OF-WAY, NORTH 80°18'39" WEST 185.84 FEET; THENCE SOUTH 75°48'08" WEST 201.97 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 490.00 FEET; THENCE ALONG SAID CURVE 72.49 FEET THROUGH A CENTRAL ANGLE OF 08°28'33"; THENCE SOUTH 67°19'35" WEST 205.98 FEET; THENCE SOUTH 36°23'17" WEST 194.95 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 570.00 FEET; THENCE ALONG SAID CURVE 320.49 FEET THROUGH A CENTRAL ANGLE OF 32°12'53" TO A POINT OF NON-TANGENCY, A RADIAL LINE TO SAID POINT BEARS SOUTH 21°23'49" EAST; THENCE SOUTH 48°08'32" WEST 103.38 FEET; THENCE SOUTH 10°18'52" EAST 153.36 FEET TO THE SOUTH BOUNDARY AS SHOWN ON SAID RECORD OF SURVEY NO. 9939; THENCE ALONG SAID SOUTH BOUNDARY, SOUTH 79°41'08" WEST 30.00 FEET; THENCE LEAVING SAID SOUTH BOUNDARY, NORTH 10°18'52" WEST 170.15 FEET; THENCE NORTH 48°08'32" EAST 114.47 FEET; THENCE NORTH 24°33'21" WEST 166.31 FEET; THENCE NORTH 15°26'04" EAST 40.31 FEET; THENCE NORTH 22°38'50" WEST 10.58 FEET TO THE TRUE POINT OF BEGINNING; EXHIBIT "A" STORM DRAIN EASEMENT LEGAL DESCRIPTION PR 11-51 7223 PAGE 3 OF 3 CONTAINS 1.0448 ACRES OR 45512 SQUARE FEET MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. DATED THIS DAY OF , 2012. DONALD ROY ClJllRY, 't.S. 7846 EXP. 12/31/12 7224 EXHIBTT "B' STORM DRAIN EASEMENT PLAT PAGE 1 OF 3 LEGAL DESCRIPTION A PORTION OF LOT G OF RANCHO AGUA 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 E. N 88'52'72" W INDICATES EASEMENT AREA GRAPHIC SCALE PALOMAR COMMONS PR 11-51 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 FUSCOE ENGINEERING INC. 6390 GREENWICH DR. NO. 170 SAN DIEGO. CA 92122 (858) 554-1500 7225 EXHIBIT 'B' STORM DRAIN EASEMENT PAGE 2 OF 3 INDICATES EASEMENT AREA DEDICATED HEREIN INDICATES EXISTING EASEMENT FOR DRAINAGE PURPOSES PER DOCUMENT RECORDED JULY 15. 1992 AS DOCUMENT NO. 1992-0443329. O.R. INCLUDED IN THIS EASEMENT AREA LINE TABLE NO. BEARING DISTANCE Ll N65'26'39"E 25.01' L2 S22'38'50"E 24.61' L3 S67'21'10"W 3.58' L4 S15'26'04"W 14.39' L5 N65'26'39"E 55. 13' L6 N03'01'05"W 38. 16' L7 N65'26'34"E 31.74' L8 S07'35'30"W 24.55' L9 S03'01'05"E 42.70' L10 S79'41'08"W 30.00' L11 N15'26'04"E 40.31' L12 N22'38'50"W 10.58' SCALE: 1"= 60' 30' 60' 120' GRAPHIC SCALE PALOMAR COMMONS PR 11-51 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 7226 N68'35'30"E (R)/ ^ R • 90 EXHIBTT "B* STORM DRAIN EASEMENT PLAT N69'16'48"E (R) PAGE 3 OF 3 COUNTY PARCEL 2010-0045-A (79-1234-A) ^ K\ vD ^ CURVE TABLE NO. DELTA RADIUS LENGTH CI 0'41'18" 1937.00' 23.27' INDICATES EASEMENT AREA SCALE 1"= 100' 0 50' 100' LH ^ GRAPHIC SCALE SEE PAGE 2 PALOMAR COMMONS PR 11-51 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