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HomeMy WebLinkAbout13337; CT 82-06; LAGUNA DEL MAR; 01-02• J ' J J - RICK PAl<C£l MAP OVEI< POl<TION OF STATE OF CALIFORNIA) SS ON THIS ?,7~DAY OF ,4_,,,.,eJ/ , 198~ COUNTY OF SAN DI EGO) . BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEAREQ JAMES V. JENSEN AND ARTHUR TONY HOWARD-JONES, PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE GENERAL PARTNERS OF L R PARTNERSHIP, LTD. , A LIM I TED PAfHNERSH IP, THE PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH PARTNER- SHIP EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE F!RST ABOVE WRITTEN. MY COMvllSSION EXPIRES 3-.;/?-✓1 fl ~ :· ---·-,, , ,. % ~,. <~/ ~ 111~ ,,-~ .. 1-r~~-:~''[~,. NOTARY PG8L IC IN AND FOR ( '.,.,,_;;;_,~, ' · ' ' ., · ' ' l ~, . .,,... ·;· :-i :. • . 'i'-". (~. SAi D COUNTY ANO STATE ; ,, : o· ,, ,,. L "'' ,,1 . / ·0n~ r ,..... ~.;;.., .. .,._..,,_, -.-., -,;c"f', .~.~ STATE OF CALIFORNIA) s ON THIS IO DAY OF fV\ {. i , 198~, COUNTY OF SAN DIEGO) S . BEFORE ME, THE UNDERSIGNED,lA NOTARY ju!~~ ! !Nt:;C: ;_A~ COUNTY ~~~ ~:~ \._~~;ON~L Y lf :Pf f ~E~ 0 , PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATf3FACTORY EVIDENCE) TO BE THE PERSONS WHO EXECUTED THE WITHIN INSTRUMENT AS ASSISTANT VICE-PRESIDENT AND ASSISTANT SECRETARY, RESPECTIVELY, ON BE-HALF OF SAFECO TITLE INSURANCE COMPANY, .A CALIFORNIA CORPORATION, THE CORPORATION THEREIN NAMED, ·AND ACKNOWLEDGED TO ME THAT SAID CORPORATION EXECUTED THE SAME PURSUANT TO ITS BYLAWS OR A RESOLUTION OF ITS BOARD OF DIRECTORS. IN WITNESS Wl;IEREOF, I HAVE HEREUNTO SET MY HAND ANO AFFIXED MY NOTARIAL SEAL, THE DAV AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. MY COMM I ss I ON EXP I RES -:s.·., ! i ;;l.J [q_ \'r,. OFFICIAL SEAL ' i' ,_ ( ~ \~ 'l,; • l: I -N:-I ~~'!!~.!~: }!~~:~ NOTARY PUBLIC IN AND FOR .-, -;:':<;:,;','.-0°~~:; SAID COUNTY AND STA TE My CommKsion E,p. Ju~ 27, l98E THE SIGNATURE OF COSTA REAL MUNICIPAL WATER DiSTRICT, HOLDER OF EASEMENT AS DISCLOSED BY DEED RECORDED NOVEMBER 3, 1941 IN BOOK 1271, PAGE 79 OF OFFICIAL RECORDS; THE SIGNATURE OF THE CITY OF CARLSBAD, HOLDER OF EASE- MENTS AS DISCLOSED BY DEEDS RECORDE~ MAY 10, 1965 AS FILE NO. 83317, MAY 10, 1965 AS FI.LE NO. 83318, AND JANUARY 3, 1973 AS FI LE NO. 73-002191 OF OFFICIAL RECORDS; THE SIGNATURE OF SAN DIEGO GAS & ELECTRIC COMPANY, HOLDER OF EASEMENT AS DISCLOSED BY DEED RE'.:ORDED AUGUST 4, 1967 AS FI LE NO. ·116201 OF OFFICIAL RECORDS; AND THE SIGNATuRE OF PACIFIC BELL, HOL~ER OF EASEMENT AS DISCLOSED BY DEED RECORDED MARCH 30, 1976 AS FILE NO. 76-092216 OF OFFI- CIAL RECORDS OF SAN DIEGO COUNTY, HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (c-1), OF THE SUBDIVISION MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY. I , PORTER D. CREMANS, CLER!< OF THE BOARD OF SUPERVISORS HEREBY CERTIFY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT (DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE) REGARDING (A) DEPOSITS FOR TAXES AND (B) CERTIFICATION OF THE ABSENCE OF LIENS FOR UNPAID STATE COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES EXCEPT THOSE NOT YET PAYABLE, HAVE BEEN COMPLIED WITH. PORTER D. CREMANS CLERK OF THE BOARD OF SUPERVISORS ENGINEERING COMPANY 5620 FRIARS ROAD, SAN DIEGO, CALIFORNIA 92110 3088 PIO PICO DRIVE, CARLSBAD, CALIFORNIA 92001 CARLSBAD ~R-ACT 82-_6 2 PARCELS 5.399 ACRES WE, THE UNDERSIGNED, BEING ALL THE PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP AS SHOWN WITHIN THE PARCEL MAP BOUNDARY. WE HEREBY GRANT TO THE C \TY OF CARLSBAD AN EASEMENT OVER, UPON, ACROSS AND UNDER PORTIONS OF PARCELS 1 AND 2, (HEREINAFTER REFERRED TO AS THE SUBJECT LAND), TO-WIT: (1) A PERPETUAL EASEMENT FOR OPEN SPACE OVER, UPON, ACROSS AND UNDER THE SUBJECT LAND AND NO BUILDING, STRUCTURE OR OTHER THING WHATSOEVER SHALL BE CONSTRUCTED, ERECTED, PLACED OR MAINTAINED ON THE SUBJECT LAND EXCEPT AS MAY BE PERMITTED BY A SPECIAL USE PERMIT ISSUED PURSUANT TO THE ZONING ORDINANCE OF THE CITY OF CARLSBAD. (2) THE PERPETUAL RIGHT, BUT NOT THE OBLIGATION, TO ENTER UPON THE SUBJECT LAND AND REMOVE ANY BUILDINGS, STRUCTURES OR OTHER THINGS WHATSOEVER CON- STRUCTED, ERECTED, PLACED OR MAINTAINED ON THE SUBJECT LAND CONTRARY TO TERM, COVENANT OR CONDITION OF THIS EASEMENT AND TO DO ANY WORK NECESSARY TO ELIMINATE THE EFFECTS OF ANY EXCAVATION OR GRADING OR PLACEMENT OF SAND, SOIL, ROCK OR GRAVEL OR ANY OTHER MATERIAL DONE OR PLACED ON THE SUBJECT LAND CONTRARY TO ANY TERM, COVENANT OR CONDITION OF THIS EASEMENT. GRANTOR COVENANTS /\ND AGREES FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS AS FOLLOWS: a. THAT IT SHALL NOT ERECT, CONSTRUCT, PLACE OR MAINTAIN, OR PERMIT THE ERECT I ON, C:JNSTRUCT I ON, PLACEMENT OR MA I NTENANCE OF ANY BU l ;_o I NG OR STRUCTURE OR OTHER TH I NG vJHATSOEVER ON THE SUBJECT LAND OTHER THAN SUCH BUILDINGS, STRUCTURES AND OTHER THINGS AS MAY BE PERMITTED BY A SPECIAL USE PERMIT ISSUED F:JRSUANT TO THE ZONING ORDINANCE OF THE CITY OF Ci\RLSBAD. b. THAT IT SHALL NOT USE THE SUBJECT LAND FOR ANY PURPOSE EXCEPT AS OPEN SPACE WITHOUT THE WRITTEN AUTHORIZATION OF THE CITY OF CARLSBAD OR ITS SUCCESSORS OR ASSIGNS. c. THAT IT SHALL NOT EXCAVATE OR GRADE OR PERMIT ANY EXCAVATING OR GRADING TO BE DONE, OR PLACE OR ALLOW TO BE PLACED ANY SAND, SOIL, ROCK, GRAVEL OR OTHER MATERIAL WHATSOEVER ON THE SUBJECT LAND WITHOUT THE WRITTEN PERMISSION OF THE CITY OF CARLSBAD OR ITS SUCCESSORS OR ASSIGNS: PROVIDED, HOWEVER, THAT GRANTOR MAY EXCAVATE, GRADE OR PLACE SAND, SOIL, ROCK OR GRAVEL OR OTHER MATERIAL ON THE SUBJECT LAND AS MAY BE PERMITTED BY A SPECIAL USE PERMIT ISSUED PURSUANT TO THE ZONING ORDINANCE OF THE CITY OF CARLSBAD . d. THAT THE TERMS, COVENANTS AND S::ONDITIONS SET FOPTH HEREIN MAY BE SPECIFICALLY ENFORCED OR ENJOINED BY PROCEEDINGS iN THE SUPERIOR COURT OF THE STA TE OF CAI_! FORNI A. THE GRANT OF TH! S f-:ASEMENT ./\ND I TS ACCEPTANCE BY THE C \TY OF CARLSBAD SHALL NOT AUTHORIZE THE PUBLIC OR ANY MEMBERS THEREOF TO USE OR ENTER UPON ALL OR ANY PORTION OF THE SUBJECT LAND, IT BEING UNDERSTOOD THAT THE PURPOSE OF THIS EASEMENT IS SOLELY TO RESTRICT THE USES TO WHICH THE SUBJECT LANJ MAY BE PUT. THIS EASEMENT SHALL BIND THE GRANTOR AND ITS SUCCESSORS AND ASSIGNS. LR PARTNERSHIP, LTD., A LIMITED PARTNERSHIP, AS OWNER: BY: ~ <L,t ) l C. J L . I.__ J l Xv- JAMES V. JENSEN, GENERAL PARTNER · :LJJ--~ "t; tW ~ 1_ BY : /t-----'-l A""~:-::'T:".':HU-=R-cT=o.,.,.NY..,...,.,H-=-'ow""A-::--:RD=---,-J 0.,-N=E-:-S ,-GE_N_ER_A_L_P_A-RT_N_ER ___ _ SAFECO TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION, AS TRUSTEE UNDER DEED OF TRUST RECORDED APRIL 20, 1967 AS FILE/PAGE NO. 54629, SERiES 8 BOOK 1967 OF OFFICIAL RECORDS: ' ' PARCEL MAP NO. 13337 SHEET 1 OF -2 SHEETS LEGAL DESCRIPTION A PORTION OF LOT "I" OF RANCHO AGUA HEDIONDA, IN THE CITY !if' CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896. THIS SUBDIVISION IS A PORTION OF CARLSBAD TRACT 82-b, AND CONTAINS A REMAINDER PARCEL REFLECTING SAID TENTATIVE MAP. NO BUILDING PERMIT SHALL BE ISSUED FOR THE REMAINDER PARCEL UNTIL IT IS FURTHER SUBD IV I OED PURSUANT TO THE PROVISIONS OF OF TITLE 20 OF THE MUNICIPAL CODE. - TITLE REPORT PREPARED BY: SAFECO Tl TLE I NSURAt-Ct:: CCJv!PI\H'Y ORDER NO: S-636036 THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAlfi BU I LO I NG PERM I TS WI LL NOT BE I SSUEO FOR DiVEUlPMENT OF flil! SUBJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER CAPACITY IS AVAILABLE AT THE tlME OF AIPPLICATION Eaff SUCH PERMITS AND WILL CONTINUE TO BE AVAl~ABLE UNTIL TIME OF OCCUPANCY . SURVEYOR'S CERTIFICATE THIS MAP WAS PREPARED BY~ OR UNDER MY DIRECTION Atffl IS BASED UPOM A FIELD SURVEY IN CONFO~ANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORD I NANCE AT THE REQUEST OF L R PARTNERSHIP, LTD, , IN JUNE, 1983, AND I CERTIFY THAT SAID SURVEY IS TRUE AND CCJ',1PLETf AS SHOWN, THAT ALL STAKES, MONUMENTS AND MARKS FOUND, TOGETHER WI TH " THOSE SET, ARE OF THE CHARACTER AND OCCUPY THE POSITIONS SHOWN THEREet4 AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. (SEE LEGEND ON SHEET NO. 2.) I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO Tl!IE APPROVED OR CCl'JDITIONALLY APPROVED TENTATIVE MAP, IF ANY. -zllde~ #~?1-ROBERT C. LADWIG,L.. 3189 DATE CITY ENGINEER'S CERTIFICATE TH IS MAP CONFO~S WI TH THE REQUIREMENTS OF TITLE 20 OF Tl!IE CARLSB/\8 MUNICIPAL CODE AND TO THE APPROVED TENTATIVE PARCEL MAP. THIS MAP DOES NOT APPEAR TO BE A MAP OF A MAJOR SUBDIVISION FOO wHIC~ A FINAL MAP IS REQUIRED PURSUANT TO SECTION 66426 OF THE SUBDIVISION MAP ACT. I HEREBY ACCEPT ON BEHALF OF THE CITY OF CARLSBAD THE OPEN SPACE EASEMENTS OVER PORT~S OF PARCELS 1 AND 2 AS SHOWN HEREON. RON BECKMAN BY: \(~J A.Bo:£ DATE: , -?-n C I TY ENG I NEER R. C . E. 1 791 7 . - RECORDER'S CERTIFICATE FILE NO. '8'-l-2'2kll g FILED THIS t':fl'-DAY OF 'Juµ1,. , 1981, AT 3: 01cr•cLocKLM., IN BOOK OF PARCEL MAPS AT PAGE tlJ.~_1.__ , AT THE REQUEST OF ROBERT C. LADWIG. VERA L. LYLE COUNTY RECORDER PROJECT NO. 7827-F . PARCEl I REMJINOEH PARCll RICK ENGINEi:.RING COMPANY 5620 FRIARS ROAD, SAN DIEGO, CALIFORNIA 92110 3088 PIO PICO DRIVE, CARLSBAD, CALIFORNIA 92008 PARCEL MAP NO. 13337 SHEET 2 OF 2 SHEETS LEGAL DESCRIPTION .I l'OIIT/ON OF LOT HI" OF THE RANCHO /IGUJ HEO/ONDA IN THE CIT! PF CARLSB.4/J. CO//Nlr OF SAN DIE60. $TATE (}F CALIFIJRN/JJ ACCQRO!/f6 TO NAP THlRtOF NO. 8?.J, fit.EU INfHe OFF/Ct OF THE COUNTY RECORDER OF SAN DIEGO C/JIJNTf, N&JIENBEH 1', /&%. BASIS OF BEARINGS !HE IJASIS OF /Jl.lRIIIGS /"tJR THIS NAP IS J P/JIIT/PN tT TIil TAN6ENT Ullli WITH !/IE CENTERLINE OF PARK OR/VE /IS $ll()WN ON R.O.S 9()/7 I.E N.5!J0!!J'J!J"W . . LEGEND @) ______ INIJ/CATES FIii/ND I/ION PIPE AS #OTEIJ HERlOK VICINITY MAP NO SCALE PROJECT NO. 7827 F T.M. NO. W.O.NO. L.C.: