Loading...
HomeMy WebLinkAbout2013-07-09; City Council; Resolution 2013-1701 RESOLUTION NO. 2013-170 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING GRANT DEED OF EASEMENTS FOR THE EL CAMINO REAL WIDENING PROJECT FROM TAMARACK AVENUE TO CHESTNUT 5 AVENUE. PROJECT NO. 3957. 4 27 28 widening project from Tamarack Avenue to Chestnut Avenue; and WHEREAS, the roadway project includes widening onto property owned by Shane Ressie, Brent W. Nogle and Deshon D. Nogle, and Chestnut Carlsbad LLC, J. Curtis & Kathleen 6 WHEREAS, the City of Carlsbad has designed the improvements to the El Camino Real 7 8 9 10 ^ 4^ Fornal an undivided 34 interest and Floyd Jr. & Lynn Bernard and undivided Yi interest; and 12 WHEREAS, the City of CaHsbad has prepared the required grant deed, legal description, and plat for the easement and offered Shane Ressie the total sum of $5,700 for the easement, 14 15 16 17 18 $2,300 for the easement, and Brent W. Nogle and Deshon D. Nogle have agreed to the City's 19 offered amount for acquisition of the easement; and WHEREAS, the City of Carlsbad has prepared the required grant deeds, legal descriptions, and plats for the easements and offered Chestnut CaHsbad LLC, J. Curtis & Kathleen Fornal an undivided /z interest and Floyd Jr. & Lynn Bernard and undivided 34 interest the total sum of $12,100 for the easements, and Chestnut Carlsbad LLC, J. Curtis & Kathleen and Shane Ressie has agreed to the City's offered amount for acquisition ofthe easement; and WHEREAS, the City of Carlsbad has prepared the required grant deed, legal description, and plat for the easement and offered Brent W. Nogle and Deshon D. Nogle the total sum of 20 21 22 23 24 25 Fornal an undivided 34 interest and Floyd Jr. & Lynn Bernard and undivided 34 interest have 26 agreed to the City's offered amount for acquisition of the easements; and WHEREAS, there are sufficient funds available to obtain the easements. 4 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the attached grant deeds be approved and accepted and the City Clerk is directed to attach her certificate of acceptance and cause the deed to be recorded in the office 7 of the County Recorder. S 3. That payment in the total amount of $5,700 be authonzed and paid to Shane g Ressie, from the project account after recordation ofthe easement with the County Recorder's 10 Office. 11 4. That payment in the total amount of $2,300 be authonzed and paid to Brent W. 13 Nogle and Deshon D. Nogle, from the project account after recordation of the easement with 14 the County Recorder's Office. 5. That payment in the total amount of $12,100 be authonzed and paid to Chestnut CaHsbad LLC, J. Curtis & Kathleen Fornal an undivided 34 interest and Floyd Jr. & Lynn Bernard and undivided Yt interest, from the project account after recordation ofthe easements with the County Recorder's Office. 16 17 18 19 20 /// 21 /// 22 23 24 25 26 27 /// 28 /// /// /// /// 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of CaHsbad on the 9th day of July 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Wood, Blackburn, Douglas. None. ABSENT: Council Member Packard. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, CitfClerk RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carisbad Village Drive Carisbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) computed on full value of property conv^d, 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. Project ID: Related Project ID: Related Project ID: Project Name: Widening 167-154-15-00 PR 12-19 (PR120019) CIP 3957 El Camino Real Road GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Shane Ressie the owner of real property described herein located in the City of Carlsbad San Dieao Countv California hereby Gf^^NTS to City of Carlsbad, a Municipal CorpoK the following described real property in the City of Carlsbad, County of San Diego State of Cahfomia: an EASEMENT FOR SLOPE AND DRAINAGE PURPOSE constructed in conjunction with public street and public utility purposes over, under, upon and across said real property together with the right to constmct. grade, remove and deposit soil and constmction matenals. conduct operations related to the constmction of adjacent facilities and features clear landscape, inspect, and maintain within the bounds of said easement as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. (Exhibit "B" consisting of two (2) pages is attached for clarity only.) Reserving unto the owners of the above-described parcel of land, their successors or assigns, the maintenance ofthe slope, it's landscaping and drainage patterns. Reserving unto the owners of the above-described parcel of land, their successors or assigns the rights at any time to remove such slopes or portions thereof upon removing the necessity for maintaining such slopes or portions thereof or upon providing in place thereof other adequate lateral support, the design and construction of which shall be first approved by the City of Cartsbad. for the protection and support of said roadway. /// /// /// /// /// /// /// /// /// /// /// /// /// ?2rnSf4^^^^^^^^^ '"^"'^ • ^'^'^STSo^^^^^^^ '° Chestnu.Prop.1y AquisitiomRessie.Gran. Deed of Easement City Slope 7 DATED ^ . ^ jffHere) (Print Name Here) (Title) By: (Sign Here) (Print N^rpeHere) (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. (Title) S^n:?^?s?d 4^^^^^^^^^^ '"^"^ • '"^^^rSo'^'""'^' '° Chestnut^Property AqulsitiomRessie^Grant Deed of Easement City Slope CAUFCMfl^^ ACKNOWLEDGMENT State of California } County of Pig^ D On 5/35ja0l^ before me, RpC^ .9 , \AI i tl(/?fV>^ V\^r.i-pa^ , Here Inseri Name and Title of^tiw Officer |— personally appeared ShoUOg iX!g^€> ( )£, NajTw(s) of SignBr(3) ROSE S. WILLIAMS .Commlfiloii # 1952608 fl^JHR Notify Public. CaHfwMa 1 NJS^ County 1 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/herAheir authorized capaclty(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 rmOiand and official seal.. Place Notary Seal Above Signature. OPTIONAL X Signature of Notary Public Thougfi ttie information tmlow is not required by law. it may prove vatuat)le to persons relying on ttie document and coutd prevent fraudulent removal and reattactiment of tfiis form to anoUi Jdoc^me^ Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(les) Claimed by Slgner(s) Signer's Name: • Individual • Corporate Officer —Title(s): __ • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: • Individual • Corporate Officer -- Title(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Consen/ator • Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here O2007 Nafional Notary Association. 9350 De Soto Ave.. RO.Box 2402 .Chatsworth. CA 9131^2402r;^w;Nato^ • ^^^^^So''"""'^' '° Chest^ut^P^ope^y AquisitioMRessie.Grant Deed of #5907 ReorderCaiToll-Free 1-800^76-6827 '• Easement City Slope 3) A 3) EXHIBIT "A LEGAL DESCRIPTION APN 167-154-15 (RESSIE) SLOPE AND DRAINAGE EASEMENT BEING A PORTION OF LOT 107 OF EL CAMINO MESA UNIT NO. 3. IN THE ClPr OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA. ACCORDING TO THE MAP THEREOF NO. 5704, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 4, 1966 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 107; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 107, SOUTH 89'50'00" EAST A DISTANCE OF 6.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 17-18*20" WEST ALONG A UNE THAT IS PARALLEL WITH AND 6.00 FEET EASTERLY FROM THE WESTERLY UNE OF SAID LOT 107. A DISTANCE OF 34.81 TO THE NORTHERLY UNE OF SAID LOT 107. THENCE NORTHEASTERLY ALONG THE NORTHERLY UNE OF SAID LOT 107. NORTH 45-32*15'' EAST A DISTANCE OF 28.87 FEET; THENCE SOUTH 33*35'40'* EAST A DISTANCE OF 64.34 FEET TO THE SOUTHERLY UNE OF SAID LOT 107; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY UNE OF SAID LOT 107. NORTH 89-50'00" WEST A DISTANCE OF 45 85 FEET TO THE POINT OF BEGINNING. CONTAINING 1673 SQUARE FEET. MORE OR LESS. EXHIBIT "B- IS AHACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER IHE SUPERVISION OF: lEPARED BY OR UNDER IH NTE \L BOWERS. RCE 264 MONTE \L BOWERS. RCE 26493 REGISTRATION EXP.: 3-31-14 DATE EXHIBIT "B" OWNER: SHANE RESSIE 3775 CATALINA AVE CARLSBAD, CA. 92010 VICINITY MAP NOT TO SCALE BASIS OF BEARING: LEGEND: THE WESTERLY LINE OF LOT 107 AS SHOWN ON MAP 5704, I.E. N 17'18'20"W PREPARED BY OR UNDER THE SUPERVISION OF: lONTF'L BOWERS, RCE 26493 DATE MONTE REGISTRATION EXP.: 3-31-14 ( ) P.O.B. AREA OF EASEMENT 1673 SQ. FT ± INDICATES RECORD BEARING POINT OF BEGINNING EASEMENT NOTES: (Ey- 6' SLOPE EASEMENT PER MAP 5704 RECORDED 3-4-1966 1 CRY OF CARLSBAD | EXHIBIT "B" SLOPE AND DRAINAGE EASEMENT 1 ASSESSOR'S PARCEL NO. 167-154-15 | 1 iiflaowMtBtmrtDcauiaiaiieo DRAWN BY: 5^ DATE: 12-20-10 SCALE: 1"=100' SHEET NO. j 1 anOlaBBhCAB12Maa4 1 Tll:(8gD4»|.«100FlK(M|4n4B4a 1 wimm Htmmrilmam CHECKED BY: OA DATE: 12-20-10 1 OF 2 1 anOlaBBhCAB12Maa4 1 Tll:(8gD4»|.«100FlK(M|4n4B4a 1 wimm Htmmrilmam APPROVED BY: 55 DATE: 12-20-10 1 OF 2 EXHIBIT "B 100 LINE TABLE LINE BEARING LENGTH Ll N 89-50'00" W 6.27' L2 N 1718'20* W 34.81' L3 N 45'32'15" E 28.87' L4 N 33-35'40" W 64.34' L5 N 89-50'00" W 45.85* 100 200 SCALE: 1" = 100' VERITAS 11590 WMI Bamafdo Court Su Is 100 Swi Diago, CA 92127-1824 T»l (85a)451-«100F«: (85«)451-284« www.ua bunNiuvsiiiM.oom CITY OF CARLSBAD EXHIBIT "B" SLOPE AND DRAINAGE EASEMENT ASSESSOR'S PARCEL NO. 167-154-15 ORAm BY: SB DATE: 12-20-10 SCALE: 1"=100' SHEET NO. 1 CHECKED BY: OA DATE: 12-20-10 2 OF 2 1 APPROVED BY: SS DATE: 72-20-to 2 OF 2 1 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the DEED OF EASEMENT FOR SLOPE AND DRAINAGE PURPOSE dated March 25.2013, from Shane Ressie to the City ofCarlsbad, California, a municipal corporation, is hereby accepted by the City Council ofthe City ofCarlsbad, California, pursuant to Resolution No.2013-170, adopted on Julv 9,2013, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: Julv 11.2013 O: RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Cailsbad Vltlage Drive Carisbad. CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) computed on full value of property conQ^, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and Assessor's Parcel No.: Project ID: Related Project ID: Related Project ID: Project Name: Widening 167-154-16-00 PR 12-18 (PR120018) CIP 3957 El Camino Real Road GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Brent W. Nogle and Deshon D. Nogle the owner of real prroerty described herein located in the City of Carlsbad San Dieao CnunUt California hereby GIANTS to City of Carisbad. a Municipal Corporation me following described real property In the City of Carisbad. County of San Diego. State of Califomia: an EASEMENT FOR SLOPE AND DRAINAGE PURPOSE constructed in conjunction with public street and public utility purposes over, under, upon and across said real property together witfi ttie right to construct, grade, remove and deposit soil and construction materials, conduct operations related to the constructton of adjacent facilities and features clear landscape, inspect, and maintain within the bounds of sato easement as described In Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. (Exhibtt "B" consisting of two (2) pages is attached fbr clarity only.) Reserving unto ttie owners of ttie above-described parcel of land, ttieir successors or assigns, ttie maintenance of ttie slope, it's landscaping and drainage pattems. ^' Reserving unto the owners of the above-described parcel of land, their successors or assigns the rights at any time to remove such slopes or portions ttiereof upon removing the necessity for maintaining such slopes or portions ttiereof or upon providing In place ttiereof ottier adequate teteral support, the design and constixiction of which shall be first approved by ttie City of Carisbad, for the protection and support of said roadway. /// /// /// /// /// /// /// /// /// /// /// /// /// O:\Englnati1nsShwwflCapilal linprovwneni Constnidion {Nogle).(toa Prc!|ocl»\3957 - ECRWMwMg^Tonmck to Ch«8tnulU>rop«rty AqUaillon\No^Grent Oetd of Easement Qty Stope l^ DATED 06/^ gy^^/ ^ (Sign Here) (Print Name Here) (Titie) (Sign Here) (Print Name Hei ?i) (NOTARIAL ACKNOWLEDOMENT OF EXECUTION BY 0WNER(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 WIJ. SHOW SUFFICENT AUTHORITY OF SAID INDIVIDUAL TD ACT IN THIS MATTER. IT IS RECOMMENDED THAT. PRIOR TO THE EXECUTION OF THIS EASEMENT. THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (Tltte) O^XS!^^SSff* l-nprovaniem Prognmt F>oieds>39S7 - ECR WW«gg^Tan»wd. to Chestm.(tf»operty AqufstdonyNogleUSnnt Deed of EesenM Ctty Sope CALIFORNIA ALL-PURPOSE ACKNOWLEDQMENT State of California County of ^Q>^ iQxg^'D } On^^^^^r^^? beforeme. ^^S^ %^u4it^^>f ^^^^^ personally fj^a^T^/^rc^ Vl-/l^ff^Jt^. ^le^r^io^ /). A^Q^t^^ DENNIS FRENCH Conmilttion # 1903584 Nottry PubHc • CaHfomia San Oitgo County »Comm. Expiret Sep 11.2014 1 I who proved to me on ttie basis of satisfactory evklence to be ttie per5on<s) whose name(8) iifi[are subscribed to the within instrument and acknowledged to me that ^«S^^}»6Ahey exiecuted ttie same In Ittit^tfoftheir auttK}rized capadtyO^), and ttiat by tfel^jADSnekr signaturB(s) on the Instrument ttie person(8), or ttie entity upon behalf of which the person(s) acted, eoocuted ttie Instrument I certify under PENALTY OF PERJURY under the laws of ttie State of Califbmia that ttie foregoing paragraph Is true and connect. WITNESS Plaoe Nolaiy Seal AtNwe Signatyr^^ OPTIONAL Wough the kiformatkm Ijelow ts not requlrBd t>y law. It nay prove vabsaljle to persons r^ybtg on tfie document and could preverH fraudulent removal and reattadunent of ttils form to anottier document Description of Attached Document Titie or Type of Document: (^m^T^Oe^rtP ^lQi:Sf^jn i^A^T Document DatetOL A/e^ (pO/i^ Number of Signer(s) Ottier Than Named Above: Capaclty(les) Claimed by Slgner(8) Signer's Name: S^B^ T \A) . A)^&CS Individual • Corporate Offtoer—Trtle(s): • Partner—• Limited • General • Attomey in • Thjstee • Guardian or Conservator • Other: Signer Is Representing: TopoTthiimiihara Signer's Haxt^'.])PS^/\/ D A/^f h/f ^ndivtoual • Corporate Offtoer—Titte(s): • Partner—• Limited • General • Attomey in Fact • Trustee • Guanfian or Consen/ator • Ottier: Signer Is Representing: Top of thumb har* m •2007NallanairMaiyAMOOiBlion'9360Dt8oloAm.RaBiKa(Oe*Ctata^^ iamlSSOT ReoidviCalWiMl-MXMTMazr Q:\EngineerinoSharadVCapnal Impravenient Program Proiects>3e57 • ECR WIdeniRO Tamaradc to Cheslnut\Praperty AqulsiliorANoaMGrant Deed of Easement City Stope Constnjction (Nogle).docx REV 4ffif10 55 * 55 EXHIBIT A LEGAL DESCRIPTION APN 167-154-16 (NOGLE) SLOPE AND DRAINAGE EASEMENT BEING A PORTION OF LOT 108 OF EL CAMINO MESA UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 5704, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 4, 1966 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 108; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 108, NORTH 45'32'15" EAST A DISTANCE OF 6.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, NORTH 45'32'15" EAST A DISTANCE OF 26.26 FEET; THENCE LEAVING SAID SOUTHERLY LINE OF LOT 108, NORTH 78*42'04" WEST A DISTANCE OF 15.57 FEET; THENCE NORTH 24*00'14" WEST A DISTANCE OF 83.09 FEET TO THE NORTHERLY LINE OF SAID LOT 108; THENCE SOUTH 17'18'20" EAST A DISTANCE OF 101.96 FEET, SAID LINE BEING PARALLEL WITH AND 6.00 FEET EASTERLY FROM THE WESTERLY UNE OF SAID LOT 108 TO THE POINT OF BEGINNING. CONTAINING 663 SQUARE FEET, MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER THE SUPERVISION OF: )NTE L. BOWERS, RCE 26493 DATE /_ MONTI REGISTRATION EXP.: 3-31-14 EXHIBIT "B OWNER: BRENT W. NOGLE AND DESHON D. NOGLE 3755 CATALINA DRIVE CARLSBAD, CA. 92010 VICINITY MAP NOT TO SCALE LEGEND: BASIS OF BEARING: THE SOUTHERLY LINE OF LOT 108 AS SHOWN ON MAP 5704, I.E. N45-32'15''E PREPARED BY OR UNDER THE SUPERVISION OF: MONT€ L BOWERS, RCE 26493 DATE REGISTRATION EXP.: 3-31-14 ( ) P.O.B. AREA OF EASEMENT 663 SQ. FT ± INDICATES RECORD BEARING POINT OF BEGINNING EASEMENT NOTES: ®- 6' SLOPE EASEMENT PER MAP 5704 RECORDED 3-4-1966 VERITAS 11590 West Bernardo Couil Suite 100 San Diego, CA 92127-1624 Tel: (858) 451-6100 Fax: (858) 451-2846 www.us.bureauveritas.com DRAWN BY: SB CHECKED BY: OA APPRnvFn RY- cc CITY OF CARLSBAD EXHIBIT "B" SLOPE AND DRAINAGE EASEMENT ASSESSOR'S PARCEL NO. 167-154-16 DATE: 12-20-10 DATE: 12-20-10 nA-rr. 1 O On 1 n SCALE: 1"=100' SHEET NO. 1 OF 2 EXHIBIT B 100 LINE TABLE LINE BEARING LENGTH Ll N 45*32'15" E 6.74' L2 N 45*32'15" E 26.26' L3 N 78*42'04" W 15.57' L4 N 24*00'14" W 83.09' L5 N 17*18'20" W 101.96' 100 SCALE: 1" = 100' 200 11590 West Bernardo Court Suite 100 San Diego, CA 92127-1624 Tel: (858) 451-6100 Fax: (858) 451-2846 www.us.bureauveritas.com CITY OF CARLSBAD EXHIBIT "B" SLOPE AND DRAINAGE EASEMENT ASSESSOR'S PARCEL NO. 167-154-16 DRAWN BY: SB CHECKED BY: OA APPROVED BY: DATE: 12-20-10 DATE: 12-20-10 DATE: 19-9(1-in SCALE: 1"=100' SHEET NO. 2 OF 2 /<? CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the DEED OF EASEMENT FOR SLOPE AND DRAINAGE PURPOSE dated June 8. 2013, from Brent W. Nogle and Deshon D. Node, to the City ofCarlsbad, California, a municipal corporation, is hereby accepted by the City Council ofthe City ofCarlsbad, California, pursuant to Resolution No.2013-170, adopted on Julv 9,2013, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: Julv 11. 2013 SINGER, Sfenior Deputy Clerk 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 The undersigned grantor(s) declare(s): SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 167-080-33-00 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 Project ID: Related Project ID: Related Project ID: Project Name: Widening PR 12-43 (PR120043) CIP 3957 El Camino Real Road GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Chestnut Carlsbad LLC, J. Curtis & Kathleen Fornal an undivided 1/2 interest and Floyd Jr. & Lynn Bernard an undivided 1/2 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: a TEMPORARY EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES over, under, upon and across said real property together with the right to construct, grade, remove and deposit soil and construction materials, conduct operations related to the construction of adjacent facilities and features, clear landscape, inspect, and maintain within the bounds of said easement as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. (Exhibit "B" consisting of two (2) pages is attached for clarity only.) This temporary slope and construction easement shall automatically expire once the City of Carlsbad accepts the improvements for El Camino Real Road Widening. By: (Sign HereL, (Print Name Here) (Print Name Here) (Title) DATED/^P/:/^ V; 20/5 t (NOTARIAL ACKNOWLEDGMENT OWNER(S) MUST BE ATTACHED.) OF EXECUTION BY 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. Q:\Englneer1ngShared\Capltal Improvement Program Projects\3957 - ECR Widening Tamarack to Chestnut\Property Aqulsltlon\Half Vested\Grant Deed of Easement City Slope Construction, revised 4-15-10 (Half Vested) LOT 26.docx REV 4/5/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County oty::(^ D'^go } On ZTV^r. ^ .-^^O/ 3 before me, Shc /U^ /€. l^inmr^CAj A/oh^*^^ ./^^//o Date Here Insert Name amrTitla oi the Officer personally appeared f>teme<s) of Sign«f(s) of the Officer Cr' K ncii^cL, SHELLY R. RAMING Commission No. 1878924 NOTARY PUBLIC - CAUFORNIA SAN Di^GO COUNTY My Comm. Expifw February 2,2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)j8/are subscribed to the within instrument and acknowledged to me that he/siWthey executed the same In hie/lw/their authorized capacity(ies), and that by hla'liei/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 tme and correct. WITNESS my hand and official seai. Signature OPTIONAL - / Signature of Notary Public Ttiougti ttie information betow is not required by law, it may prove valuable to persons relying on ttie document and coutd prevent fraudutent removal and reattadiment of ttiis form to anottier document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capdclty(fe8) Claimed by Signer(s) Signer's Name:. • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • aher: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer --Tltle(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here O20O7Natloneihk)taryAssociatfc)n« 9350 DeSoto Ave., P.O. Box 2402 •Chat^^ ltem«5907 Reorder Cal Tofl-^ 1-600^76-6827 Q;\EngineeringStiared\Capital Improvement Program ProJects\3957 - ECR Widening Tamarack to Chestnut\Property Aqulsition\Half Vested\Grant Deed of Easement City Slope Construction, revised 4-15-10 (Half Vested) LOT 26.docx REV 4/5/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. beforeme, 1 OC\\ } ^ Hw« Insert Name and TWe of the (MHcer On , personallyT^.IJ"^^'^3. CjArVi-S forfv^J^S.¥ya't^\ec^ focoal f iffTrifl^i aThillVii ift-riTli li"^ il>TililfYriif^-li* ^ TONi L. MINERMAN 7 COMM. # 1913351 ft I NOTARY PUBLIC-CALIFORNIA)!( SAN DIEGO COUNTY 0 ^^^§^ZOm. EXPIRES NOV. 15. 2014 t Place Notary Seal Above 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/sheAhey 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(8) 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. OPTIONAL Signature of Notary PubHc Thougli the infonnation betow is not required by law, it may prove va/uaW© to persons relying on ffie document and could prevent fraudulent removal and reattactiment of this form to another <focument. Description of Attaclied Document Title or Type of Document Document Date: ~—— Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signers) Signer's Name: • Individual • Corporate Officer —Title{s): • Partner —n Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Trtle(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: ; RIGHT THUr.!BPHir4T OF SIGNER Top of thumb here Signer Is Representing:. ©20(WN8flonalNolaryAasociaflon»93SOOeSoteAve.,RO.Box24a2»Chatsw^ «em#5907 ReoKter.CanblH=it8e1-800-87e-6827 Q \EngineeringShared\Capital Improvement Program Projects\3957 - ECR Widening Tamarack to Cheslnut\Propeny AquisitionVHalf Vested\Grant Deed of Easement City Slope Construction, revised 4-15-10 (Half Vested) LOT 26.docx REV 4/5/10 EXHIBIT "A LEGAL DESCRIPTION 55 APN 167-080-33 (CHESNUT CARLSBAD, LLC) TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF LOT 26 OF CHESNUT HEIGHTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 5328, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 17, 1964 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 26; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 26, SOUTH 89*46'43" EAST A DISTANCE OF 201.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 18*33'48" EAST A DISTANCE OF 91.32 FEET TO THE EASTERLY LINE OF LOT 26; THENCE ALONG SAID EASTERLY LINE NORTH 06*a4'33" WEST A DISTANCE OF 86.98 FEET TO THE NORTHERLY LINE OF SAID LOT 26; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 26, NORTH 89'46'43" WEST A DISTANCE OF 19.87 TO THE TRUE POINT OF BEGINNING. CONTAINING 859 SQUARE FEET, MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER THE SUPERVISION OF: MONTE'L. BOWERS, RCE 26493 REGISTRATION EXP.: 3-31-14 DATE EXHIBIT "B OWNER: CHESNUT CARLSBAD, LLC A DELAWARE LIMITED LIABILITY COMPANY EL CAMINO REAL CARLSBAD, CA. 92008 BASIS OF BEARING: THE NORTHERLY LINE OF LOT 26 AS SHOWN ON MAP 5328, I.E. N 89*46'43"W PREPARED BY 01? UNDER THE SUPERVISION OF: MONTjf L BOWERS RCE 26493 REGISTRATION EXP.: 3-31-14 DATE VICINITY MAP NOT TO SCALE LEGEND: ( ) P.O.B. AREA OF EASEMENT TO BE ACQUIRED 859 SQ. FT ± INDICATES RECORD BEARING POINT OF BEGINNING EASEMENT NOTES: ®- 4' PUBUC UTILITY EASEMENT PER INSTRUMENT NO. 80203 RECORDED 5-4-1964 d)- 30' RIGHT OF WAY EASEMENT FOR ROAD AND UTILITY PER INSTRUMENT NO. 86-167963 RECORDED 4-30-1986 CITY OF CARLSBAD EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCEL NO. 167-080-33 •iBj'i^,^ R E m EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCEL NO. 167-080-33 •VERITASI DRAWN BY: SB DATE: 11-02-09 SCALE: 1"=100' SHEET NO. 11590 West Bernardo Court Suite 100 San Diego, CA 92127-1624 Tel; (858) 451-6100 Fax: (858)451-2846 www.us.bureauverilas.com CHECKED BY: OA DATE: 08-20-10 1 OF 2 11590 West Bernardo Court Suite 100 San Diego, CA 92127-1624 Tel; (858) 451-6100 Fax: (858)451-2846 www.us.bureauverilas.com APPROVED BY: SS DATE: 08-20-10 1 OF 2 EXHIBIT "B" 11S80 WM Bwriwdo Court SuMi 100 San Olago, CA 02127-1824 Tat: (858) 461.8100 Fax (888)451.2848 www.ua.bucMuvafitaa.oam DATE: 10-02-09 SCALE: 1"-100' SHEET NO. DATE: 08-20-10 2 OF 2 1 APPROVED BY: SS OATE: 08-20-10 2 OF 2 1 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the TEMPORARY DEED OF EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES dated March 4. 2013. from Chestnut Carlsbad LLC, J. Curtis & Kathleen Fornal an undivided V2 interest and Flovd Jr. & Lvnn Bernard and undivided V2 interest to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council ofthe City ofCarlsbad, California, pursuant to Resolution No.2013-170. adopted on Julv 9. 2013. and the grantee consents to the recordation thereof by its duly authorized officer. DATED: Julv 11.2013 ^ ER, Senior Deputy Cle RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carisbad Village Drive Carisbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT 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 Carisbad, and SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 167-080-42-00 Project ID: Related Project ID: Related Project ID: Project Name: Widening PR 12-44 (PR120044) CIP 3957 El Camino Real Road GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Chestnut Carisbad LLC, J. Curtis & Kathleen Fomal an undivided 1/2 interest and Floyd Jr. & Lynn Bernard an undivided 1/2 interest. hereby GRANTS to City of Carisbad, a Municipal Corporation By: the following described real property in the City of Carisbad, County of San Diego, State of California: a TEMPORARY EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES over, under, upon and across said real property together with the right to construct, grade, remove and deposit soil and construction materials, conduct operations related to the construction of adjacent facilities and features, clear landscape, inspect, and maintain within the bounds of said easement as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. (Exhibit "B" consisting of two (2) pages is attached for clarity only.) This temporary slope and construction easement shall automatically expire once the City of Carisbad accepts the improvements for El Camino Real Road Widening. DATED^ 3,<^/:3 (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) OWNER (Sign Here)^ I (Print Name Here) By 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 / ^ /7 CORPORATION UNDER CORPORATE SEAL (OU')/J/C:R i^/uf/:hy^ai<r^& ^^ftth^^fu 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. •itt6^^__^ (Print Name Here) QAEngir^eeringSharedNCapita. .mproi^f Program ProjectsN3957 - ECR W« to ChestnuUProperty AqulsitionNHa.f Ves.ed^Gra^t Deed of Easement City Slope Construction, revised 4-15-10 (Half Vestedl) LOT 25.docx REV 4/5/10 ^ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. } On/)hr. H. Zpf"^ beforeme, She/Ui rv), in€\ j AJo^^'^^'h PU^I[<L '. Date Hers Insert Natne and TWait flie Officer personally appeared f-^lpc^ cl f^e^rrmrd^ CAYICJ LU nl^^rnorcL Name<8) of Signers) SHEUYR. RAMING Commission No. 1878924 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Comm. Expires February 2,2014 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 h«/©he/they executed the same in -Ns/her/lhelr authorized capacity(ies), and that by hie/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. Place Notaiy Seal Above WITNESS my hand and official seaL Signature OPTIONAL- Signature of Notary Public Ttiougfj the infonnation betow is not required by law, it may prove valuabte to persons relying on the document and coutd prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attomey in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 02007NationalNotayAssod8tk)n*9350DeSotoAve.,RO.Box2402»ChatsMK)rti,C^ Itern«sg07 Reorder Cal Ton-Free 1-80(^76-6827 Q:\EngineeringShared\Capltal Improvement Program Projects\3957 - ECR Widening Tamarack to Chestnut\Property Aquisition\Half VestedVGrant Deed of Easement City Slope Constmction, revised 4-15-10 (Half Vestedl) LOT ?5.docx REV 4/5/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of C^j } On ^hh3 before me. Toni l-^iQf£^!(},yf^rU P.hl/C Date ^ Hare Inaart Name and Trtfc of VwOnow^^J personally appeared J',C.L\<^\S PnCnal drvd ^If^V^Wn ft^Cna/ Name(s) orSi&nef(s) iOiiinfa»« TONI L. MINERMAN COMM. # 1913351 NOTARY PUBLIC - CALIFORNIA x SAN DIEGO COUNTY 0 COMM. EXPIRES NOV. 15, 2014 t Q Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instmment and acknowledged to me that he/she/they executed the same in his/herAheir authorized capaclty(les), 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. OPTIONAL Signature ot Nolary Pubiic JTiough the infomwMon betow is not required by law, it may prove valued to persons relying on the document and could prevent fmudutent r&movat and reattachment of this fonn to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(8) Other Than Named Above: Capacity(ie8) Claimed by Signer(s) Signer's Name: !J Individual • Corporate Officer ~ Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: n individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney (n Fact • Trustee • Guardian or Consenmtor • Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2(»7Nationi(NotaryAMociaik«»9MOD»SotoA«e..p,o.B<»2402«ChaS»^ lt8m«S807 FteoKJerCa«Tb»-f%B«1.800-87&«827 Q:\EngineeringShared\Capital Improvement Program Projects\3957 - ECR Widening Tamarack to Chestnut\Property Aquisition\Half Vested\Grant Deed of Easement Citv Slope Construction, revised 4-15-10 {Half Vestedl) LOT 25.docx REV 4/5/10 ecu u. ««nicii. ...uy ^1 EXHIBIT "A" LEGAL DESCRIPTION APN 167-080-42 (CHESNUT CARLSBAD. LLC) TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF LOT 25 OF CHESNUT HEIGHTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 5328, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 17, 1964 AND MORE PARTICUURLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 25; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 25, SOUTH 89*46'43" EAST A DISTANCE OF 175.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 13*53'06" EAST A DISTANCE OF 27.09 FEET; THENCE SOUTH 16*35'16" EAST A DISTANCE OF 69.72 FEET TO THE SOUTHERLY LINE OF SAID LOT 25; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 25, SOUTH 89'46'43" EAST A DISTANCE OF 19.11; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 17*16'39" WEST A DISTANCE OF 97.52 FEET TO THE NORTHERLY LINE OF SAID LOT 25; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 25, NORTH 89-46'43" WEST A DISTANCE OF 16.55 TO THE TRUE POINT OF BEGINNING. CONTAINING 1703 SQUARE FEET, MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER THE SUPERVISION OF: MONTE *'L. BOWERS, RCE 26493 REGISTRATION EXP.: 3-31-14 DATE EXHIBIT "B" LINE TABLE LINE BEARING LENGTH Ll N 13*53'06'' W 27.09' L2 N 16*35'16" W 69.72' L3 N 89-46'43'' W 19.11' L4 N 1716'39" W 97.52' L5 N 89-46'43" W 16.55' SCALE: 1" = 100' VERITAS 11590 West Bernardo Court Suite 100 San DiBgo, CA 92127-1624 Tel: (858) 451-8100 Fax: (858)451-2846 www.us.burBauveritai.com CITY OF CARLSBAD EXHIBIT "B" TEMPORARY CONSTRUCTION EASEH/IENT ASSESSOR'S PARCEL NO. 167-080-42 DATE: 10-02-09 SCALE: 1"=100' SHEET NO. CHECKED BY: OA DATE: 08-20-10 2 OF 2 1 APPROVED BY: 5S DATE: 08-20-10 2 OF 2 1 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the TEMPORARY DEED QF EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES dated March 4. 2013. from Chestnut Carlsbad LLC, J. Curtis & Kathleen Fornal an undivided Vi interest and Flovd Jr. & Lvnn Bernard and undivided interest to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City ofCarlsbad, California, pursuant to Resolution No.2013-170. adopted on Julv 9. 2013. and the grantee consents to the recordation thereof by its duly authorized officer. DATED: Julv 11.2013 RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbaci Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) computed on full value of property conveyea; 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.: 167-080-41-00 Project ID: Related Project ID: Related Project ID: Project Name: Widening PR 12-17 (PR120017) CIP 3957 El Camino Real Road GRANT DEED OF EASEIVIENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Chestnut Carlsbad LLC, J. Curtis & Kathleen Fornal an undivided 1/2 interest and Floyd Jr & Lynn Bernard an undivided 1/2 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: a TEMPORARY EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES over, under, upon and across said real property together with the right to construct, grade, remove and deposit soil and construction materials, conduct operations related to the construction of adjacent facilities and features, clear landscape, inspect, and maintain within the bounds of said easement as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. (Exhibit "B" consisting of two (2) pages is attached for clarity only.) This temporary slope and construction easement shall automatically expire once the City of Carlsbad accepts the improvements for El Camino Real Road Widening. By ^ (Sign Here) ^ (Print Name Here) DATED H^rs^^ik H"^ ;) 0 L"^ (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. (Print Name Here) (Title) Q:\EngineeringShared\Capltal improvement Program Projects\3957 - ECR Widening Tamaracit to Ciiestnut\Property Aqulsition\Half Vested\Grant Deed of Easement Citv Slope Construclion, revised 4-15-10 (Half Vested) LOT 24.docx REV 4/5/10 3/ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of -^rn Qft^cjO } On Pk/f". HtJ-Of^ before me, She II "-j Kaiw^Vtc^^ SJoh^vti ^Publ^c Date Here Insert Nama and Tide of the Officer personally appeared l^ame(3} of Signer(s) SHELLY R. RAMING \ Commission No. 1878924 o NOTARY PUBUC - CAUFORNIA § SAN DIEGO COUNTY < M)rComm.ExpiiiesFebn^2,2014 \ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 49/are subscribed to the within Instrument and acknowledged to me that he/8he/they executed the same in W«4ier/lhelr authorized capacity(ies), and that by hfe/her/thelr 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 officiaLsgal. 7 Signature of Notary Public ^ . OPTIONAL Though the infonnation below is not required by law, it may prove vatuabte to persons relying on the document and coutd prevent fraudutent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ie8) Claimed by Signer(s) Signer's Name:. • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: . Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of tiiumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here O2007t4atio(iaiNotaryAssodation«9360DeSotoAvB.,P.O.B0K2402*Chatsw^ lten>«S907 Reorder Cal Toll-Free 1-800-876-6827 Q:\EngineeringShared\Capital Improvement Program Projects\3957 - ECR Widening Tamarack to CtiestnutVProperty AqulsltionNHalf Vested\Grant Deed of Easement City — Slope Construction, revised 4-15-10 (Half Vested) LOT 24.docx REV 4/5/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SaA D^€c:y On 3h| l3 before me. ToOl U\A\f)eX^tmn.HDfaA\{ PubUc Here Insert Name and Tllle of ttw Offi^ C } Date personally appeared Name(s) of SigrMr<<) ' - ^ll^^TONi L. MINERMAN i I COIWM. # 1913351 5 Jh'OTARY PUBUC-CAUFORNIA g '^^^l^ ^'^'^ '^•EGO COUNTY 0 ^^i-fg^^'COMM. EXPIRES NOV. 15, 2014 Place Notary Seal Above 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 acl<nowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herAheir signature(6) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instmment. 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's Simature o( Notary PubHc OPTIONAL Though the infonnation tielow is not required by law, it may prove valuable to persons relying on the document and coutd prevent fraudutent removal and reattachment of this forni to another document Description of Attaclied Document Title or Typ© of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(ie8) Claimed by Sl9ner(s) Signer's Name: • Individual n Corporate Officer —Title(s): • Partner —• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:, Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Consenmtor • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here «2007NatlooalN«aryA860dailon«9350D«SotoAw.,P.O.BoK2402*Chatev^ HBm#5907 Reorter:C*Tol-Free 1-800^-6827 Q:\EngjneeringShared\Capital Improvement Program Projects\3957 - ECR Widening Tamarack to ChestnutVProperty AquisitionVHalf Vested\Grant Deed of Easement City Slope Construction, revised 4-15-10 (Half Vested) LOT 24 docx REV 4/5/10 33 5J A 93 EXHIBIT "A LEGAL DESCRIPTION APN 167-080-41 (FORNAL «&: BERNARD) TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF LOT 24 OF CHESNUT HEIGHTS, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO THE MAP THEREOF NO. 5328 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 17. 1964 AND MORE PARTICUURLY DESCRIBED AS FOLLOWS: ii*D4 AINU MUKL BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 25; THENCE ALONG LINE OF SAID LOT 25. SOUTH 89'46'43" EAST A DISTANCE OF 170.81 FEET TO OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE. NORTH 15*15'39" WEST 63.22 FEET; THENCE NORTH 13* 18'10" WEST A DISTANCE OF 83.20 FEET- 12-09 30 WEST A DISTANCE OF 83.56 FEET; THENCE NORTH 72-43'21" EAST 4.53 FEET; THENCE SOUTH 17*16'39" EAST A DISTANCE OF 235.70 FEET TO THE OF SAID LOT 25; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 25. NORTH A DISTANCE OF 20.95 FEET TO THE TRUE POINT OF BEGINNING. THE NORTHERLY THE TRUE POINT A DISTANCE OF THENCE NORTH A DISTANCE OF NORTHERLY LINE 89'46'43" WEST CONTAINING 3.177 SQUARE FEET. MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER THE SUPERVISION OF: -a MONTE L BOWERS, RCE 26493 REGISTRATION EXP.: 3-31-14 11-17-12 DATE EXHIBIT "B OWNER: CURTIS & KATHLEEN FORNAL FLOYD C. JR & L BERNARD 3910 CHAPMAN STREET. SUITE A SAN DIEGO, CA 92110 BASIS OF BEARING: THE NORTHERLY LINE OF LOT 25 AS SHOWN ON MAP 5328, I.E. N 89*46'43"W LEGEND: VICINITY MAP NOT TO SCALE AREA OF EASEMENT 3,177 SQ. FT ± OR 0.07 ACRES ( ) INDICATES RECORD BEARING P.O.B. POINT OF BEGINNING PREPARED BY O^UNpER THE SUPERVISION OF: Nit L BOWERS, RCE 2649; MONl REGISTRATION EXP.: 26493 3-31-14 DATE VERITAS 11590 West Bernardo Court Suite 100 San Diego, CA 92127-1624 Tel: (858) 451-6100 Fax: (858) 451-2846 www.us.burBauveritas.coni DRAWN BY: CITY OF CARLSBAD EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCa NO. 167-080-41 CHECKED BY: OA APPROVED BY: SS DATE: 12-20-10 DATE: 12-20-10 DATE: 12-20-10 SCALE: 1"=100' SHEET NO. 1 OF 2 5b EXHIBIT "B" LINE TABLE LINE BEARING LENGTH L1 N 15*15'39" W 63.22' L2 N 13'18'10" W 83.20' L3 N 12*09'30'' W 83.56' L4 N 72-43'2r E 4.53' L5 N 17-16'39" W 235.70' L6 N 89*46'43" W 20.95' E RITAS 11590 West Bernardo Court Suite 100 San Diego. CA 92127-1624 Tel: (858) 451-6100 Fax: (858) 451-2846 www.us.burBauverftas.com EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCEL NO. 167-080-41 DRAWN BY: SB DATE: 12-20-10 SCALE: 1"-100' SHEET NO. 1 CHECKED BY: OA DATE: 12-20-10 APPROVED BY: 55 DATE: 12-20-10 2 OF 2 1 5(p CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the TEMPORARY DEED OF EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES dated March 4. 2013. from Chestnut Carlsbad LLC, J. Curtis & Kathleen Fomal an undivided V2 interest and Flovd Jr. & Lvnn Bernard and undivided V2 interest to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No.2013-170, adopted on Julv 9,2013. and the grantee consents to the recordation thereof by its duly authorized officer. DATED: Julv 11. 2013 O