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HomeMy WebLinkAbout; |Robertson, Gary and Brian|; 2008-0635707; PropertyDOC# 2009-0247694 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Carlsbad c/o Lisa Hildabrand 1200 Carlsbad Village Drive Carlsbad, CA 92008 Mail Tax Statements to same as above MAY 11, 2009 4:08 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: (Space Above For Recorder's Use) APN 208-010-37 Pr 09-09 CORRECTION GRANT DEED The undersigned grantor declares: THIS CORRECTION DEED IS BEING RECORDED TO AMEND THE LEGAL DESCRIPTION. THE ORIGINAL DEED WAS RECORDED DECEMBER 15, 2008 AS DOCUMENT NO. 2008-0635707. TRANSFER TAX FOR THE FULL VALUE WAS PAID. EXCEPT FOR THIS AMENDMENT TO THE LEGAL DESCRIPTION CONTAINED IN THE ORIGINAL DEED, THE ORIGINAL DEED IS UNMODIFIED AND REMAINS IN FULL FORCE AND EFFECT. In accordance with Section 11911 of the California Revenue and Taxation Code, no documentary transfer tax is due as this conveyance confirms title in the grantee. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Gary Robertson and Brian Robertson, Co-Trustees of the Robertson Family Trust 1995 Trust, dated April 19, 1995, as to an undivided 50% interest; Gary Robertson and Brian Robertson, Co-Trustees under Declaration of Trust dated October 8, 1976, as to an undivided 7% interest; and Gary Robertson and Brian Robertson, Co-Trustees of the Elsie M. Kelly Irrevocable Trust dated June 19, 1989, as to an undivided 43% interest 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 SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. [Signatures on following page] IN WITNESS WHEREOF, THE GRANTOR HAS CAUSED THIS CORRECTION GRANT DEED TO BE EXECUTED AS OF THE %ft\ DAY OF febrU-OrVy 2009 V Signature of the Grantor \Gary Robertson and Brian Robertson, Co-Trustees of the^lobertson Family Trust 1995 st, dated April 19, 1995 By: \Gary Robertson, Co-Trustee Brian Robertson, Co-Trustee Gary Robertson and Brian Robertson, Co-Trustees under Declaration of Trust, dated October 8, V76 By: Gary Robertson, Co-Trustee By\/ Brian Robertson, Co-Trustee Gary Robertson andlBrian Robertson, Co-Trustees of the Elsie M. Kelly Irrevocable Trust, dated June 19, 1989 By: Gary Robertson, Co\Trustee By:' Brian Robertson, Co-Trustee IN WITNESS WHEREOF, THE GRANTOR HAS CAUSED THIS CORRECTION GRANT DEED TO BE EXECUTED AS OF THE ^tf DAY OF £i L>II <u- . 2009 Signature of the Grantor Gary Robertson and Bri^n^fceBertson, Co-Trustees of the Robertson Family Trust 19°- 5 Trust, dated .lApri Grffy Robertson, Co-Trustee By: Brian Robertson, Co-Truaree Gary Robertson and Briaji-Robertson, Co-Trustees under Declaration of T/fust, dated Octobers, 1976 By: J3a.ry RobertsoliTCo-Trustee Brian Robertson, Co-Trustee Gary Robertson and Brian Robertson, Co-Trustees of the Elsje M. Kelly Irrevocable Trust, dated, ^7 ^^ By: J&aiy Robertsdn^Co-'Trustee yorian Robertson, Co-Trustee STATE OF CALIFORNIA COUNTY OF ) ss. On Notary Public <tt&ru,2JU, lic, personal , before me,Ar .ally appeared , 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 foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature" ia that the !; HEATHER A, SAUNE NOTARY PU| STATE OF ID) (/*WWV*XVS**V*A***I STATE OF CALIFORNIA COUNTY OF ) SS. On , before me, _, whoNotary Public, personally appeared 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 hand and official seal. Signature _(Seal) STATE OF CALIFORNIA COUNTY OF ) ss. On before me,'Notary Public, personally appeared ^Ifct^ ffiWHiW , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a*e subscribed to the within instrument and acknowledged to me that he/Sfafi/lhsv executed the same in his/hfe^tfe^ir authorized capacity(ies), and that by his/her/tfegfr 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. m*mi\ WITNESS my hand and official seal. Signature I I/I'\Sy LkMfylW MARQUON ROBERTS COMM. #1709326 _ NOTARY PUBLIC-CALIFORNIA 8SAN DIEGO COUNTY AMy Commtatton Expires ? D6C6MBeR7.2010 I STATE OF CALIFORNIA COUNTY OF )ss. On _, before me, , whoNotary Public, personally appeared 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 hand and official seal. Signature (Seal) EXHIBIT «A" LEGAL DESCRIPTION PURCHASE AREA 2 THAT PORTION OF PARCEL 2 OF LOT LINE ADJUSTMENT ADJ 01-13 PER CERTIFICATE OF COMPLIANCE CE 01-55, RECORDED NOVEMBER 28, 2001 AS FILE NO. 2001-0865065, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF THAT PROPERTY DESCRIBED IN DOCUMENT NO. 2008-0435946 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON AUGUST 14, 2008; THENCE NORTH 00°14'53" WEST 4.75 FEET; THENCE NORTH 16°32'33" EAST 22.22 FEET; THENCE NORTH 17°41'43" EAST 25.83 FEET; THENCE NORTH 20°05'59" EAST 24.51 FEET; THENCE NORTH 23°44'32" EAST 26.06 FEET; THENCE NORTH 28°18'16" EAST 27.22 FEET; THENCE NORTH 31°28'07" EAST 28.46 FEET; THENCE NORTH 33°10'05" EAST 30.06 FEET; THENCE NORTH 37°23'17" EAST 15.91 FEET; THENCE SOUTH 60°10'35" EAST 489.73 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PROPERTY; THENCE ALONG SAID NORTHERLY LINE SOUTH 51°18'20" WEST 65.43 FEET TO THE BEGINNING OF A TANGENT 42.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE CONTINUING ALONG SAID NORTHERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°18'10" AN ARC DISTANCE OF 20.01 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE THE FOLLOWING BEARINGS AND DISTANCES: SOUTH 78°36'30" WEST 74.10 FEET; SOUTH 42031'50" WEST 78.50 FEET; NORTH 60°10'35" WEST 365.48 FEET TO THE POINT OF BEGINNING. AREA =2.00 acres BOUNDARY DA <j^>/ 2 J 4 5 6 7 8 9 10 11 12 tJ 14 IK DELTA/BEARING N 0014'53" W N 16'32'33'E N ir41'43" E N 20'05'59'E N 23'44'32"E N 281816" E N 31-28'07'E N 3310'05"E N 37?3'17"E S6010'35"E S 5H8'20' W A - 2718'10" S 78'36'30" W S 42V1'50" W A/ ttnvn'v;* w RADIUS 42.00' TA LENGTH 4.75' 22.22' 25.83' 24.51' 26.06' 27.22' 28.46' 30.06' 15.91' 489.73' 65.43' 20.01' 74.10' 78.50'ten AS' £45/5 OF BEARING: EASTERL Y UNE OF PARCEL 2 IE N 04W41 W LEGAL DESCRIPTION PORTION OF PARCEL 2 OF ADJ 01-13 PER CE 01-55 LEGEND GRANT AREA = 2.00 AC . OCEANSIDE SITE PACIFIC OCEAN 2710 Loker Ave. Suite 100 Carlsbad, CA 92010 760-931-7700 Fax:760-931-8680 cmr OF EKCINJTAS VICINITY MAP EXHIBIT "B* NO SCALE APPLICANT;DEED DATE: FEBRUARY 9. 2009 ROBERTSON FAMILY TRUST 701 PALOMAR AIRPORT RD. STE 300 CARLSBAD, CA 92011 (760) 931-5616 PATRICK N. ODA R.C.E. 27214 /31/09 ROBERTSON RANCH S.U.P. 06-11 PR SHEET 1 OF 2 SHEETS A.P.N.208-OW-y? G:\011014\0114QZPOj.dwg Feb 09, 2009 9:54am Xrefs: 0114BMAP; 0114AMAP PARCEL 1 il ADJ 01-13, C£ 01-66 N04"56'41'W \ ADJ 01-13, C£- 01-66 No, 2001-OBB60B6 CONSULT 2710 Loker toe. 760-931-7700 Suite 100 fax: Carlsbad. CA 760-931-8680 92010 nni* 0' 200' 100' SCALE: 1" = 200' EXHIBIT "B APPLICANT;GRANT DEED DATE- FEBRUARY 9, 2009 ROBERTSON FAMILY TRUST 701 PALOMAR AIRPORT RD. STE 300 CARLSBAD. CA 920)1 (760} 931-5616 PATRICK/N. 0 R.C.E. 27214 ,3/31/09 ROBERTSON RANCH S.U.P. 06-11 PR SHEET 2 OF 2 SHEETS A.P.N. 208-010-37 G:\011014\01i4QZPOJ.dwg Feb 09, 2009 9:54am Xrefs: 0114BMAP; 0114AMAP CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the CORRECTION GRANT DEED dated February 26, 2009, from Gary Robertson and Brian Robertson. Co-Trustees of the Robertson Family Trust 1995 Trust, dated April 19.1995. and the Declaration of Trust dated October 8.1976. and Gary Robertson, and the Elsie M. Kelly Irrevocable Trust dated June 19.1989. 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: May 7. 2009 S^IERRYJFREISINGER, Qeputy Clerk (SEAL) DQC# 2008-0635707 RECORDING REQUESTED BY: Chicago Title Company Escrow Division AND WHEN RECORDED MAIL TO AND MAIL TAX STATEMENT TO: < CITY OF CARLSBAD c/o Raymond R. Patchett 1200 Carlsbad Village Dr. Carlsbad, Ca. 92008 Order No. 830015253-U50 Escrow No. 6928-LM Parcel No. portion of 208-010-36 890 DEC 15, 2008 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,!. SMITH, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS SEXEMPT pursuant to R &T 11922 xx computed on full value of property conveyed, or computed on full value less liens or encumbrances remaining at the time of sale. unincorporated area: xx City of Carlsbad FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Gary Robertson and Brian Robertson, Co-Trustees of the Robertson Family Trust 1995 Trust, dated April 19,1995, as to an undivided 50% interest; Gary Robertson and Brian Robertson, Co-Trustees under Declaration of Trust dated October 8,1976, as to an undivided 7% interest; and Gary Robertson and Brian Robertson, Co-Trustees of the Elsie M. Kelly Irrevocable Trust dated June 19,1989 as to an undivided 43% interest hereby GRANTS to CITY OF CARLSBAD, a municipal corporation the following described real property in the County of San Diego, State of California: THAT PORTION OF PARCEL 2 OF LOT LINE ADJUSTMENT ADJ 01-13 PER CERTIFICATE OF COMPLIANCE CE 01- 55, RECORDED NOVEMBER 28, 2001 AS FILE NO. 2001-0865065, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS MORE PARTICULARY DESCRIBED IN EXHIBIT "A" AND "B" ATTACHED HERETO Continued on page two . . . Date November 6, 2008 891 Gary Robertson and Brian Robertson, Co-Trustees of the Robertson Family Trust 1995 Trust, dated April 19, 1995 By: Gary Robertson, Co-Trustee By: Brian Robertson, Co-Trustee Gary Robertson and Brian Robertson, Co-Trustees under Declaration of Trust dated October 8, 1976 By: Gary Robertson, Co-Trustee By: Brian Robertson, Co-Trustee Gary Robertson and Brian Robertson, Co-Trustees of the Elsie M. Kelly Irrevocable Trust dated June 19, 1989 By: Gary Robertson, Co-Trustee By: Brian Robertson, Co-Trustee STATE OF CALIFORNIA, } S.S. COUNTY OF personally appeared , before me' 9 ^N'tie. nn'i'L/i' ftobcrfSon Q/W// -2 ^~^ (Name and title of the officer) 7l 7 c 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 GaHfomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signafirdof Officer Date November 6, 2008 892 Gary Robertson and Brian Robertson, Co-Trustees of the Robertson Family Tnjst-JSSTtrust, dated April 19, 1995 " "" By: GaiylCobertson, Co-Trustee By: Brian Robertson, Co-Trustee Gary Robertson and Brmi Robertson, Co-Trustees under Declaratiqn-ef'frust dated October 8, 1976 By: Gaj^^llobertson, Co-Trustee By: Brian Robertson, Co-Trustee Gary Robertson and Brian Robertson, Co-Trustees of the Elsie M. Kelly Irrevocable Trust dated June 19, 1989 " By: G^fy Robertson, Co-Trustee By: Brian Robertson, Co-Trustee STATE OF CALIFORNIA } S. S. COUNTY OF On personally appeared . before me, OU\V- (Name and title of the officer) who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/zhse subscribed to the within instrument and acknowledged to me that he/s^e/rhey executed the same in his/W/their authorized capacity(ies), and that by his/h^r/iri&ir 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 hand and official seal. Signature of Officer MAHQUON ROBERTS COMM. 01706326 „NOTARY PUBUC-CAUFORNIA8 SAN DEQO COUNTY A My Commission Expires ? DECEMBER 7,2010 I EXHIBIT "A" THAT PORTION OF PARCEL 2 OF LOT LINE ADJUSTMENT ADJ 01-13 PER CERTIFICATE OF COMPLIANCE CE 01-55, RECORDED NOVEMBER 28, 2001 AS FILE NO. 2001-0865065, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF THAT PROPERTY DESCRIBED IN GRANT DEED RECORDED AUGUST 14, 2008 AS DOCUMENT NO. 2008-0435947; THENCE NORTH 00°14'53" WEST 4.75 FEET; THENCE NORTH 16°32'33" EAST 22.22 FEET; THENCE NORTH 17°41'43" EAST 25.83 FEET; THENCE NORTH 20°05'59" EAST 24.51 FEET; THENCE NORTH 23°44'32" EAST 26.06 FEET; THENCE NORTH 28°18'16" EAST 27.22 FEET; THENCE NORTH 31°28'07" EAST 28.46 FEET; THENCE NORTH 33°10'05" EAST 30.06 FEET; THENCE NORTH 37°23'17" EAST 15.91 FEET; THENCE SOUTH 60°10'35" EAST TO A POINT ON THE NORTHERLY LINE OF SAID PROPERTY; THENCE ALONG SAID NORTHERLY LINE SOUTH 51°18'20" WEST 65.43 FEET TO THE BEGINNING OF A TANGENT 42.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE CONTINUING ALONG SAID NORTHERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27° 18'10" AN ARC DISTANCE OF 20.01 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE THE FOLLOWING BEARINGS AND DISTANCES: SOUTH 78°36'30" WEST 74.10 FEET; SOUTH 42°31'50" WEST 78.50 FEET; NORTH 60°10'35" WEST 365.48 FEET TO THE POINT OF BEGINNING. AREA = 2.00 ACRES 893 BOUNDARY DATA 10n 14 15 DELTA/BEARING N oonsr r N16W3TE H1741'4TE N N2T44'32"E N281816*£ H331ff05"E ssnaww A -1Ttfftf STVXWW S 42"31'50m W RADIUS 4200 LENGTH 47? 2&8T 2&Wjgof 15W 489.7T 20.01' 78.5ff 365.48' BASIS OF BEARING- EASTERLY UNE OF PARCEL 2 IEN 04"56'41 W PORTION CF PARCEL 2 OF 4DJ 01-13 PER CE 01-55 LEGEND GRANT AREA - 2.00 AC SITE 2710 lek«r AM. 760-931-7700 Suit* 100 Fox; Coriibod. CA 7«0-»31-B680 92010 EXHIBIT "B* cmr or VICINITY MAP NOSCWE APPUCANT:GRMTDEED DATE: UAY 19. 2008 ROBERTSON FMULY MUST<L PAiOUVl AIRPORT 00. CARISBM), CA 320ft(760) 9JI-5616 PATRICK N. R.C.E, 27214 EXP.J/3t/D9 ROBERTSON KWCH &l/J>. 06-11 PR SHEET 1 OF 2 SHEETS 208-010-38-00 168-050-56 \uiiu)+\uii4«z>'U}dwfl way 29, 200B 4:14pm 01148MAP; 0114AMAP 894 PARCEL 2 ADJ OP13, CE OW6 F/N Ni 200P0866066 Z710 Utwr Aw*. 7M-931-7700 Suite 100 Cortobod. CA 760-931-8680 82010 EXHIBIT B APPUCANT: MBERTSON MMLY TRUSTARPORTRO.ROBBOSOH RNKH S.U.P. 06-11 PR SHEET 2 OF 2 SHEETS PATKKK N. R.C.L 27214 EXP.3/31/09 A.P.N. 208-010-X-W C:\ullOi+\Oil4QZTOAawg Moy 28, 2008 4:i+pm XrefK 0114BMAP; 0114AMAP 895 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed, dated November 6, 2008, from Gary Robertson and Brian Robertson, Co-Trustees of the Robertson Family Trust 1995 Trust dated April 19, 1995, the Declaration of Trust dated October 8, 1976, and the Elsie M. Kelly Irrevocable Trust dated June 19, 1989, to the City of Carlsbad, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No. 2008-266, adopted on September 23, 2008, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: November 21, 2008 . a_ • o - >, ?j Assistant City Clerk L>X ," :