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HomeMy WebLinkAboutCIP 6042; The Foothills at Carlsbad Homeowners Association; 2020-0778296; EasementBy: (tnNam ar 4/2-11 corpor By: p fL r--\ (Print Name Here) a4-6\ift (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 DOC# 2020-0778296 1111110111104 $1111111111011111111111011ilifitillilliiliNI Dec 04, 2020 02:57 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SE2 Atkins: $0.00) PAGES: 7 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor's Parcel No.: 168-360-06 Documentary transfer tax is $0,00 Project ID: ( ) computed on full value of property conveyed, or Related Project ID: ( ) computed on full value less value of liens and Related Project ID: encumbrances remaining at time of sale. Project Name: El Camino Real Dikitv Ni Ljq- 3/11palWeirlentS 414 Cann, n Rilad ( ) Unincorporated area: (x) City of Carlsbad, and GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Foothills at Carlsbad Homeowners Association, a California nonprofit mutual benefit corporation. 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 temporary construction purposes associated with the construction of the pedestrian bridge, utilities, embankment slope and incidents thereto, upon, over, and across that certain real property hereinafter described in Exhibit "A", consisting of one (1) page attached hereto and made a part hereof, and Exhibit "B" consisting of one (1) page is attached hereto for clarity only. It is understood and agreed that the Grantor(s) shall not be held liable for any damage to equipment or injury to personnel of said Grantee, its agents or employees, in the performance of the work done within the temporary construction easement as described herein. The temporary construction easement shall automatically expire once the City of Carlsbad accepts the improvements for the intersection of El Camino Real and Cannon Road. DATED - ( OWNER: The Foothills at Carlsbad Homeowners Associ ion, a California nonprofit mutual benefit (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (Seal) Signature M. RINGSTAFF COMM. #2106937 Notary Public - California San Diego Counly — My Comrn. Expires Apr. 14, 2011 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF3 On c2 /7/ before me,IA , Notary Public, personally appeared FATT-- AfX) nvem .21-eY , 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 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 168-360-06 THAT PORTION OF LOT 7 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15608 RECORDED IN THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS DISK STAMPED CLSB-105 ACCORDING TO RECORD OF SURVEY MAP NO. 17271 FILED IN THE OFFICE OF THE COUNTY RECORDER ON FEBRUARY 8, 2002 WHICH BEARS SOUTH 66°49'06" EAST 2449.61 FEET FROM A BRASS DISK STAMPED CLSB-110 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 40°54'40" EAST 243.30 FEET TO THE SOUTHERLY LINE OF SAID LOT AND THE BEGINNING OF A 6837.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 23°24'33" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID SOUTHERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°16'54" A DISTANCE OF 33.60 FEET TO THE BEGINNING OF A TANGENT 25.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 2. THENCE CONTINUING ALONG SAID SOUTHERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 63°47'38" A DISTANCE OF 27.84 FEET; 3. THENCE LEAVING SAID SOUTHERLY LINE SOUTH 66°32'15" EAST 52.79 FEET; 4. THENCE NORTH 20°09'28" WEST 48.11 FEET; 5. THENCE NORTH 22°54'33" EAST 70.80 FEET; 6. THENCE SOUTH 66°08'42" EAST 22.38 FEET; 7. THENCE NORTH 35°35'42" EAST 16.97 FEET; 8. THENCE NORTH 30°1126" EAST 52.40 FEET; 9. THENCE NORTH 29°00'56" EAST 38.64 FEET; 10. THENCE NORTH 30°29'10" EAST 7.49 FEET; 11. THENCE SOUTH 59°30'50" EAST 43.76 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 7; 12. THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 30°45'21" WEST 230.59 FEET TO THE SOUTHEAST CORNER OF SAID LOT; 13. THENCE ALONG THE SOUTHERLY LINE OF SAID LOT NORTH 66°35'27" WEST 13.84 FEET TO THE TRUE POINT OF BEGINNING. AREA = 11,367 SQUARE FEET, MORE OR LESS SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE VI (UNLESS OTHERWISE NOTED). DIVIDE DISTANCES SHOWN BY 0.999962440 TO OBTAIN GROUND DISTANCES. PAGE 1 OF 2 SIGNATURE D. RIIPINEN 942 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 168-360-06 PAGE 2 OF 2 P.O.C. POINT OF COMMENCEMENT T.P.O.B, TRUE POINT OF BEGINNING A CONTROL POINT PER ROS 17271 EXHIBIT "B" THE BEARINGS AND DISTANCES USED IN THIS EXHIBIT ARE ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 5. DIVIDE DISTANCES BY 0.999962440 TO OBTAIN GROUND DISTANCES 0 20 40 80 eck- 7 c.) "sy vAD 15608 1-// L017 //OPE\ SPAC APN 168-360-06 NOTE: SEE SHEET 2 FOR TABULATED LINE AND CURVE DATA. <4. C4A1, / PT. NO. 110 'WA/0 064 4, C 44, /'''' ....A, LEGEND 4, s -, _T.P.0.13. --/1 zgit •• r\'/ .....:9.61, .( / 23.2.--g--,3,3,,,,, \ TEMPORARY CONSTRUCTION EASEMENT *--" --...sik ' PT. NO. 105 11r/P) AREA= 11,367 S.F. MORE OR LESS ----\ 6, - c P.O.C. R4-44 v.` Z,3 PM 17985 DA a 1 LIM LI PERMANENT EASEMENT AREA = 448 S.F. MORE OR LESS DESCRIPTION: A PORTION OF LOTS 7 OF CARLSBAD TRACT NO. 02-16, MAP 15608 OWNER: FOOTHILLS AT CARLSBAD HOA ADDRESS: CARLSBAD, CA 92010 EL CAMINO REAL BRIDGE IMPROVEMENTS AGUIRRE & ASSOCIATES 8363 CENTER DRIVE, SUITE 5A, LA MESA, CA 91942 PH: (619)464-6978 FAX: (619)464-7203 SURVEYING • MAPPING • RIGHT-OF-WAY ENGINEERING . SHEET 1 OF 2 SCALE: 1" = 40' DRAFTED: KA CHECKED: JR DATE PREPARED: 5-21-2018 Ex/-I& ET "e' CURVE TABLE CURVE NO. DELTA RADIUS LENGTH Cl 007'06" 6837.00 14.13' C2 016'54" 6837.00' 33.60' C3 6347'38" 25.00' 27.84' LINE TABLE LINE NO. DIRECTION LENGTH Li N 6635'27" W 13.84' L2 N 6823'19" E 42.91' L3 S 66'36'41" E 1.55' L4 S 304521" W 30.62' L5 S 66'32'15" E 52.79' L6 N 2009'28" W 48.11' L7 N 2254'33" E 70.80' L8 S 66'08'42" E 22.38' L9 N 3535'42" E 16.97' L10 N 30'11'26" E 52.40' L11 N 2900'56" E 38,64' L12 N 30'29'10" E 7.49' L13 S 5930'50" E 43.76' L14 S 3045'21" W 230.59' DESCRIPTION: A PORTION OF LOTS 7 OF CARLSBAD TRACT NO, 02-16, MAP 15608 OWNER: FOOTHILLS AT CARLSBAD HOA ADDRESS: CARLSBAD, CA 92010 EL CAMINO REAL BRIDGE IMPROVEMENTS AGUIRRE & ASSOCIATES 8363 CENTER DRIVE, SUITE 5A, LA MESA, CA 91942 PH: (619)464-6978 FAX: (619)464-7203 SURVEYING • MAPPING • RIGHT-OF-WAY ENGINEERING SHEET 2 OF 2 SCALE: 1" = 40' DRAFTED: KA CHECKED: JR DATE PREPARED: 5-21-2018 CERTIFICATION FOR ACCEPTANCE This is to certify that the interest in real property conveyed by the Temporary Construction Easement Grant, dated October 24, 2018, from the Foothills at Carlsbad Homeowners Association, to the City of Carlsbad, 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 09, 2020 Hector Gomez Deputy City Clerk (SEAL)