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HomeMy WebLinkAbout; THE ENVIRONMENTAL TRUST; 1998-0771192; PropertyI 0 6 1 0 y?$.p LjLij a t * -4 p)k&+F.z -F ~ F= =. b" .- %J i' $3 iy ;=.-: 4 _y i> f=r i! ,A Recording Requested By F;*J $"J "3 '"w - s and ,5hJ p Xy98 3 : " When Recorded Mail To: City Clerk i'/C 4 L" City of Carlsbad ! 1200 Carlsbad Village Drive .. @FlCi$i .;;~gz?g S"2 Tq;c .-,,yp'?,j ef! L~ILd~ i,5htii I REC&G&!S $PFiL4 i:q--py .-f ,Ji.,L.";j,), ,*/. $/iTH. GGPNI'Y #E@$<$ FEES : 0 a r!$ YJ G@ : NQ .. Carlsbad, CA 92008 A.i-\,'*' L i' Mail Tax Statement To: ~2 * ?; ., /? ,Pbt (same) ~~ 1996-0771 192 A.P.N. 168-050-01 of property conveyed; OR less liens or encumbrances remaining determining tax -- firm name at time of sale. - computed on the consideration or value signature of declara"nt/agent ~ -~ G5lumwm FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY C CARLSBAD, a California municipal corporation ("Grantor"), hereby grants to TI- ENVIRONMENTAL TRUST, a California non-profit public benefit corporation, ("Grantee"), tt real property in the City of Carlsbad, County of San Diego, State of California, shown c attached Exhibit "A," incorporated herein by this reference. This conveyance is subject to the provisions set forth in the Addendum to Grant Deet Exhibit "6," attached hereto and incorporated herein by this reference. N WITNESS WHEREOF, his instrument has been executed this 2-3 kn day c a- ,A@? ATTEST : n UETHA L. ~UTENKU~~Z A. J- , City CleriJ Am 7 TA,FOC ~ 45600-27 2/13/98 RONALD R. BALL, City Attorney //-f?- 98- MAIL TAX STATEMENTS AS DIRECTED ABOVE . .- e STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) 611 0 On November 23, 1998 before me, Karen R. Kundtz, Assistant City Clerk of the City of Carlsbad, personally appeared Claude A. Lewis, Mayor and Aletha L. Rautenkranz, City Clerk personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) &/are subscribed to the within instrument and acknowledged to me that -3refshe/they executed the same in -/their authorized capacity(ies) , and that by -/their signature (s) on the instrument, the person(s), or the entity upon behalf of which the person (s) acted, executed the instrument. Witness my hand and official seal. /.I / (SEAL) 0 612 EXHIBIT "A" PARCEL 1: THAT PORTION OF LOT I'D" OF RANCHO AGUA HEDIONDA, IN TRE ('+I CmLSBm, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING ' PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE ( RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FO: BEGINNING AT A POINT IN THE NORTHERLY LINE OF LOT ltL1f IN SAID R DISTANT THEREON NORTH 89O44'00" WEST 1323.42 FEET FROM THE NOR CORNER OF SAID LOT "L"; THENCE NORTH 00°10'20" WEST 72.64 FEET; ' NORTH 88O25'20" WEST, 269.25 FEET; THENCE SOUTH 52O18'40" WEST, FEET; THENCE SOUTH 13 '35 ' 40 I' NEST 40.00 FEET, MORE OR LESS, ' NORTHERLY LINE OF SAID LOT "L"; THENCE ALONG SAID NORTHERLY SOUTH 89a44'00" EAST, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTICN LYING EASTERLY OF THE SOU PROLONGATION OF THE MOST EASTERLY LTNE OF RECORD OF SURVEY M; 4610 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO C' MARCH 13, 1958. PARCEL 2: THAT PORTION OF LOTS llD" AND IIL" OF RANCHO AGUA HEDIONDA, IN TH OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORD MAP THEREOF NO. 823, FILED IN TIiE OFFICE OF THE COUNTY RECOR: SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS BEGILWING AT TXE SOUTHWEST CORNER OF SAID LOT "L"; THENCE ALO SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT 'IL" f 0°40'58" WEST 660.00 FEET TO A LINE WHICH IS PARALLEL WITH AND FEET SOUTHERLY AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SA "L" ; THENCE ALONG SAID PARALLEL LINE NORTH 87' 10 ' EAST 89.92 F THE MOST WESTERLY CORNER OF LAND DESCRIBED IN DEED TO GEORGE W. ET UX, RECORDED SEPTEMBER 10, 1957 AS FILE NO. 136954 OF OF RECORDS; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID LAND, 73 o 10 t EAST 1925.00 FEET TO AN ANGLE POINT AND NORTHEASTERL: STRAIGHT LINE TO A POINT IN THE EAST LINE OF SAID LOT I'L", C NORTH 0 O45 ' WEST 575.00 FEET FROM THE SOUTHEAST CORNER THEREOF; NORTH 0°45' WEST ALONG SAID EAST LINE TO THE NORTHEAST CORNER C LOT I'L''; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF SAID LOT AN INTERSECTION WITH THE EASTERLY BOUNDARY OF THE LAND DESCRI PARCEL I IN DEED TO OCEANSIDE MUTUAL WATER COMPANY, RECORDED JT 1930 IN BOOK 1796, PAGE 142 OF DEEDS; THENCE ALONG SAID BOC SOUTH 15035'4O1' WEST TO AN ANGLE POINT; THENCE CONTINUING ALC BOUNDARY OF SAID PARCEL 1 AS FOLLOWS: SOUTH 58O05'40" WEST 123.70 FEET; SOUTH 20°30'40" WEST 90.20 INTERSECTION WITH THE WEST LINE OF SAID LOT llL1l; THENCE SOL SOUTH 47033,301~ WEST 346.14 FEET AND NORTH 58°19t20" WEST ALONG SAID WEST LINE TO THE POINT OF BEGINNING. a 613 ADDENDUM TO GRANT DEED fEXHlBlT "B.1 BY THE D€LIVERY AND ACCEPTANCE OF THIS GRANT DEED, Grantor and Grant agree as follows: 1. A previous grantor reserved the right to grant and/or dedicate a sew easement, to a public agency, over land described in Exhibit "C" and depicted in Exhibit ,, hereto, both of which are incorporated herein. Grantee and its successors in interest agr to sign any document necessary to effectuate such transfer, 2. The property being conveyed is intended to be used as a public conservanc for Habitat Types and Sensitive Species, as defined in the Mitigation Agreement betwet Grantor and LyonlCopley Carlsbad Associates, L.P., dated March 15, 1993. The proper being conveyed is to be used pursuant to the Management Plan for the Calaveras Natu Preserve, as that Management Plan exists and may be amended. If use consistent with tt aforesaid Mitigation Agreement and Management Plan terminate at any time within eight five (85) years from the date of this grant, then title to the property shall revert to Grant (or its successors or assigns). Grantor, for itself, its successors and its assigns, heret reserves the right to re-enter upon failure of this condition. Dated: \\ \ 13 ,19LC "Grantor" ATTEST: ALETHA RAUTENKRANZ, City Clerk By: wh - 411 APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: WL 11- / p9&. 45600.27 211 3/98 Addendum -1 - e 614 e Dated: > , 19-;' "Grantee" '7 THE ENVIRONMENTAL TRUST, a California non-profit public benefit corporation Title i?u&&<i By: Title 45600-27 211 3/90 Addendum -2- 0 0 615 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On November 23, 1998 before me, Karen R. Kundtz, Assistant City Clerk of the City of Carlsbad, personally appearec Claude A. Lewis, Mayor and Aletha L. Rautenkranz, City CIerk personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) &/are subscribed to the within instrument and acknowledged to me that &&he/they executed the same in-kiz/M/their authorized capacity(ies) , and that by+kjhx/their signature(s) on the instrument, the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. (SEAL) - e 0 616 STATE OF C,A-LI FQFL~~~ I A ) COUNTYOFSA~ aka ) ss. 1 On ihd 3: 1449’ , before me, QaMM s. S-ricKUh, Notary Public, person; appeared 3okJ ttud SA LE R - 9- roved to me on the basis of satisfactory evidence) to be the person whose namt is msubscribed to the within instrument and acknowledged to me that & bltey exec ed the same in@Whlbjr authorized capacity(iw), and that by@@hMtMr signature on the instrument, the person($#, or the entity upon behalf of which the persono act1 executed the instrument. - €5 WITNESS my hand and official seal. Signature (&,i/bWzL (Se STATE OF 1 COUNTY OF 1 ) ss. On , before me, , Notary Public, persona appeared y personally known to me ( proved to me on the basis of satisfactory evidence) to be the person(s) whose name( islare subscribed to the within instrument and acknowledged to me that helshelthey exec1 ed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signaturei on the instrument, the person@), or the entity upon behalf of which the person(s) acte executed the instrument. WITNESS my hand and official seal. Signature (Sei 45600-2 7 2/13/98 Addendum -4- """_ -&- ,* e 0 617 Exhibit C LEGAL DESCRIPTION APN 168-050-01 SEWER EASEMENT THAT PORTION OF LOTS '0" AND 'L' OF RANCHO AGUA HEDIONDA, IN THE CIW OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER QF wo MN OlEGO COUNTY, NOVEMBER 16,1896, BEING MORE PARTlCULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 6 OF THAT IAN0 DESCRIED ~ DEED TO CYPRESS VALLEY LLC, A CAUFORNIA LIMITED LIABILITY COMPANY RECORDED DECEMBER 19,1997, FILE NO. 1997-0647243 OF OFFICIAL RECORDS; THENCE ALONG THE WEST LINE OF SAID PARCEL 6, NORTH 00'27'43' EAST, (NORTH 0'40'58' EAST PER DEED), 459.84 FEET; THENCE LEAVING SAID WEST LINE, SOUTH 10'43'2Q9 EAST, 468.64 FEET TO THE MOST WESTERLY CORNER OF LAND DESCRIBED IN DEED TO GEORGE W. TARRY, ET UX, RECORDED SEPTEMBER 10,1957, FILE NO. 136954 OF OFFICIAL RECORDS; THENCE ALONG ME SOUTHERLY LINE OF SAID PARCEL 6, NORTH 89'36'20' WEST, 90.12 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF lAND CONTAINS 0.478 ACRE MORE OR LESS. JOHN W. HILL, JR. LS. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 VF 1 :M\Ftl941 MckliltinyIoIMl.da m1941-04 2mmI I - """ __ .. l e e l ! I i I I LOT "D" I I 618 I I- PQRTJQN LOT %" Q'cs Qb mu """ ----""- a- 1 I RANCAJD A CUA MZDJOAf..A MAP JVO. 823 PARcn6OF7FMT&#~lNOmr KCOROCD f2/19/199Z FUE N[1. 1997-0617243 aF OmCMl Mms APN 1m-1 Aprv 1M450-02 " --"""" APN 168-01o-3o I Ill , r7 QF S MAP, 1Y.a i4BM ;b. UT /It 13 0.' 9 JMAP No4 66'18 !lI 1 i i \\ d J or 9r \\ \\\ Am 168-05629 k3"' 60' HOE -1 -4y 51674, BK. 7V16, ffi sJ6 W \ ~~~iiwoPldcaposts \ ' Kc- 4/01/* flu uta \ \ \\ LEGEND: OmCuL Ixq HUNSAKER &ASSOCIATES 1AM atrsq IMC - mmnrci-pl - *mQmm - ryyrrrr*nnHlw aarl\~taotm -1 S"MPlAT-CrrYoF- WPUCAN'T: 168-050- SEWER NATIaw CITT, CA 93QyI PRtNECt: PREPARED Bv: MUIN COLQWlB 2717 M NE. A.P.N.: (619) 793-a JamW.mLJJLU,~ - 9mm WM Exhibjt