HomeMy WebLinkAbout; ; 59869; EasementRETURN TO:
City of Carlsbad
2960 Pio Pica Drive
Carlsbad, California
FM/PAGE NO...... :5ziiE%B
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AGREEMEFNI TO EiXXXAF?OE
'MN DlEGO COUNTY, CXIFORNIA ;" A.$. GEAY,COUNTY X2ORDER Isr
THIS AGREEMENT is enter& iata thir I/ #$ry of&+$< ,/ -!
1964, by und between the City of Carl&ad, heteinaftw referred to art C&y, mad
ICENNETH W. FETHER, HAROLD F. HORNING, EDWINA C. WURNINC, 8YRsIT
AMERICAN TfTLE fNSURANCE AND TRUST COMPANY, RQY F. JOSEPH0 and
MARC A. JOSEPHO, hereinafter tslleetively referred to 88 ’ Q-era.
By rtibl;il(w of %ria# eQnveyaneb(c, trmrfur8 aad re~arvatf43nr, the City
of Carhbad owna ccsrtaiat +ightr in the foilwwiqg daacribwi property:
The East It2 crl the Northwilrrt l/4 and the North-et l/4 of the
Southwert l/4 of Smticm 18, Iownehip 3.1 South, Range 4 Wert,
S. 8. M., 50 wit:
The right to entrcr upon said property for the puxpoas of drPllfng
wells and developing water therwm and far the purpere of erecting
a pumping plant or pfsnr, laying and constructing pipcrllner and conduit@ ruff~otently large to pump and carry and conduct away to other landr wrlthtn 01 without the Saa L&r Rey Water Shed, 200 miner’e inches of water and few tha purpore ef doing any aad all thing8 nlscerrrry or convenient for the mminteuaucs, operation
and repair thereof, md 811 Iandr, rights af way and tight@ of In- greea and egrerr necesrwy or convenient for the above purpouer,
The owners aet out below own portioar of the above dereribed property.
Ths portion8 ewnsd by raid owaera are aa fallows:
KENNETH IV. FETHER aad HAROLD P. and EDWINA C. HBRNINC! are the OWMII of the property described ae Exhibit B .
FIRST AMERICAN TfTLE IBTSWRANCE AND TRUS? COMPANY ir
the owuer af the prqmrty deecribed aa Exhibit ’ C .
ROY P, rad MARC A. JOISEPNQ we the cwmaere ef the property described m Exhibit ’ 3% .
Ownwe have mqussted that thQl geaerai right8 am! eaeementr am cmm+d
be mada rpecUCic in order that they may proceed with pianr for davelopmsnt of
said property. The owners desire to osdarrly develop ths propertier owned by
them and have requested an agrwmmnt to exchange the geaerrl rightr and
easementr owned by the City far speciffc rightr and eaaemesta ao tit they rtnry
procrsed with the plans for tha dsvelopmrut of said prspsrty, Pt fr coatrrmplatsd
that the devslepmant may be made by the rerpsctive wnclrlr at varyrag timer mud
that the CNJVZWJ~~ may duvelop only purttenr of their respective propertie*, There-
forer thilr agreemrmt af exchsnga ah11 ba a cuntixuaing rgresaa2eat azsd &all affaet
thuae purtilmm d em& awmer*a prcrparty as am %ncc+mparrrd in euch devbpmant
aad upon the CPWWW~II c-eying to ths City thr rpcdfic rig ht# art forth Harris.
Tha City fr willing to anter into an agreement to axeharige ito genera1 rSghtr for
upsc%fk rightr purraant to c~rtrin termr arad csxsdfticbn# 81 hareaftcrr aet fcwth,
I, The City 8gslbes that at iueh tima* 8i the awndtr8 hav8 filed a fizd rdk-
dftiaicurt map with the City of Ucaanrids, Cow&y of &BIB Diego, cm other apprapriatr
public l uthsrbty and hrve prrfwmed tha cov+aantm rdmred ts b&w, that aa to
the areaa enebanprered withh raid final 4?d.iviriea x~up, the City will release
all of ttr ganaral rightr w the name affect ruch ar4~&,
II. Owaere agree as to the areaa encmpsrrrd within the Mwditidba
prafpertp l # fou@QP*:
(a) Te graat to City f+e Ma, free ad cl-r, to CXL arm oi OR@-
half acre, rpp;raxinutrly uqglLre in LISCI, around ach rxirting wall rftcl neted en the mrp attarhrrd hereta, marked Exhibit “A”, aa
‘IA”‘, ?flgtI, ‘WV, and rxDt*.
(b) To graat to City fee title, free and clear, ta eseh praporrcP
wall lcitei noted an ~rup, Exhibit ‘*A , am X, Ix,’ U-I,’ IV, V rad
VI, of an area ad ohs-half acre, apprgxi~trr~~y rquare in the, and in the ared RZMI approximate lacationut a8 shuwn on taid map, Exhtbft 1 A .
(c) To grant tu the City fess title W t&w* wlllia dsrrcribbd h lSxk&it ‘E attached hereto wherein City has pre8dJ?IQfy located rewrvofru,
pumping 8tdianS) etc. + routh ei State Highw&y, Route 76, the exact legal darcripticm ta be approved by Mr. E. F, Dibble, in
return for which the City will convey all Itr garnersl. xfghtm oxa ths
area, aauth of uid trigWay.
(d) To grunt ta City aurremelatr tro apsrate a& maintain the +xirting obrervatfon wellr sated en r&d map, Exhibit A’ , as O-l, O-2 lLllrf
013, for obrervation with the right ol ingrera as&l egress thereto faa ra%d pwpsr*.
(e) To grant ta Ctty right@ d iagrarr ad qperr frcxnr eclc=h rftrr to state Highw8y, Raum No. 76. such tight nf tngrirrr rad egrrrr 13uy be by remmsbly direct public sflsdk~ted streeta or by prim&r, arrrmaents themto at ieart E0 fart $a width.
If) To give rpecifie 8arsrJneRtr fw ali exfrttig pi~Hz#r wMah
&ail bs f0 feat; fa width. Said ~~p&ffc aasmaeata &all pmhibit
conrtmction of my buildixq(r oi rhrrdr there- ti rhsll rmt per*
writ any UIO thareef incomrrirtsgt with or whfch worrld be a burden
upon ths right of City to mriatiin xlxd replrcr orid pipeliner.
(s) ownelrr Aall havr the rfght faa#ns tirao to ttntr ts relscorta
or in&all new pip&ass for exfrttng pipetfrraa w pipslin~~ that naay exfet in tha futtln from the then ~irtfng aawmmts *n pubiiclp dedicated ttrertr which man frmm wsil- +itm to ita
?w$Fv~~F~ ft#Wad 6a~fth @f ?&at% Highway, Rat% 76, provid+d a#
fcawm
1. Such aalacrtflaa rkuXl be in a reawmabty dipact rm&,
2, Qwaer hall pay tha, e9.t Qg SW& rcalseatitm amd in-
rtamticsm,
3, $a& F%tiM~tiOS 8nd imtihdga r&d eaxww wfthin CL +easuaabte timre afterr a plan 0s d%val~mt has belea f finalised aad a rubdiviri0a m&p OF Qtb,rr ~~j$+XW$Fht@
filing bar beam timally and ftmmlly apprrsved by the City
of Oceaa&h Caumty d Sur biargo, ~11: @thet app~~p~frt~ public authsrity and pub& StF%%t% kw% bean d&crtsdl rrrd duly acrr;aptad,
4, Such pipe&km rrhall be ef the sane rfes aa pr~ently mirtfng pipelimr of tbr City lc~~tud OEI r;rid propeoty
mad amy b+ inrrarrrsd in he by thu Cdty if it me rsqaestn
and payo the iacrurmmtal cast far rruch intt~ased rtsa.
If sxirthg pSpsliser , 4~ the qi&&m ef the City, at the t&n@ ef immllrtiort by
mmexeI are rwrcmabty capable Ot raloeatissn lrrMi withewt us&u* iatetmruptian af
rwvics can be refecated, MM piilp+lixw,r nary be urn? by mvae~s far inata&tfem
es lieu of Raw pig#lixw*
(h) To grmkt ta city &If rights whieb 6w~am may h&vim to %xtract OF
take water front belaw the nrrface 8f tha gmd fw amy purpranu
Wh&tUO,VQF, aad #F&at ts city the dwltl a&ht tb) %x?r&ct md take
from underground fcm me ms raid lamde tnr +m lands wPithln OY with- uut the ,bu Luis Rep Wat%sr Shed, such water as ft llz~y desire ad may athrrrwire br isgatly rsrttitted to AO oxtmct, tsko and expaet
iron mid km&~
1-t fa uaderntbod that there ogrsmxmsta by ewwnwa am SC&S farrtk abewe rSrurl1
be mmda ta the extent that UWR~FS mm the Ia4 d,aeribed ia the mcit.&i md ts the
m&eat that uuch lamd ia emmntprrsad within th+ pa~&~ula~ mhdfvlaian reap pm-
vMiag thar City rhall always have pipelirm sasemsatr from rlt wrHs tas the rasrwoitr
-a-
4 ; P ksted south af Mtghvray 76. h?34
XXX. Thfu Agrmmeat rhrli be efZestive fw a tema af t*reaty~fiva (ES) parr
fmma the &tar her+&
IV. The pmtier t0 thir AgFe8nrent agree to emcuts wshrtevor docuogen$s ‘I
may be required ta in tba fu?m+ carry out the intmt uf thlr, Agssmeat.
V. If CSty should chdore ta srll QF othemwira dispme sf may of said well.
siter ia the futuF8, it rgrees to give thr prrrrsrtt cbwns0s x wrfttea n0tice of ruch in-
teatiQR* ‘llh8Flu-lpcn IpX’88W’kt awnoF ffhoil have the uijht Sad qtt0n to acqaircb rrid
pqqmrty upn thr suzse trrrss aad cmd5ticms kqxm which city 4s wfUi?ag to ditg?&$e uf
it. ~PQtJOnt 5WlZdFl S&&l &VO n0tfcO Qf SuCh dOli;FO t0 MX+F@ Withfa 13 dry8 lift&F ,. 4,
the giving cd said aofice by Cdty &ad shall depesM with the Cit$ or Aa ~~CFOW with a
tide cimpuay in ;“4irm L)f+p Coctaty, tha necrrsary amWid8rutioa RQ ldter tkm m
days after the giving sf raid autfee.
Ibi+ right still ba rrsigar;bie pravih& h0uwver, that such ruignnreat
rblll not be dective as to the ~equf~ameat of a&es m&s* tha C&y shall have
writtea ateice cd such asshgnmrat. +
VP, This Agresnasat rhdl be binding en the parties thrrato, theif h&r,sr
SuCCeImuF~ aad rlllsignr.
XX4 WIT14Bm WHEREQB, the parttern bavcl mtecu%ed Mr Ag?wnzumt a# I. Qf
tbe date first rbov, wxittm.
TO 4.17 c
(Individual)
STATE OF CALIFORNIA
SS. COUNTY OF WDf1%100 >
g.J -5
G !il’ ”
State, personally appeared
before me, the undersigned, a Notary Public in and for said . . Ibitswth1,C~C,
w I ,
ii a.
2 to be the person I __ whose name-8 er+ subscribed
w to the within instrument and acknowledged that t;hey
I executed the same.
, known to me
I JUM Cummlssfon Expires July 26, 1966
Name (Typed or Printed)
(This ama for oflleial notarial seal)
STATE OF CAL.lFOANlA )
COVNTY OF
On March 12, 1964 1964, befacra nr”a, the wdawrrfped, a Notary Pub& ia md for rrid Caurty’md State, permmrlly appeared
James E. O’Keefe known to ma to be &S Asst. Vice President
lcaowa to me to be %s Asst. Secretary AMERIGAP3 TITLE f
hat arxscuttbd the with knawn to me to be the psrsms who axecarted ths within Instrument on its behalf and acknawledgcd to me that such coqmaatfan mamated the w&bin In- strument pursuant to itr By-Laws or a Rasolutim sf its Board of Directurr.
WITNESS my band rad real.
SEAL
STATE OF CzALf~ORNU )
) S#: COVNTY OFSA-4’ D/,kY$ (g )
psrson 5 whom naxae s Jve subscribed to thcwfthfn fnsttum~nt and acknow~dge that jl; p -, sxatcuted the mame. , ,, j*, m. 11,
WXTNESS mny band and #icfal raal. j.. ” : _. ij ;f I TV ,, ~,-‘...-‘..~~~: I_ ~ ..,# .* < .; I ,: ‘( .I . :‘, :
‘I; ’ . . u 1
STATE OF CALfFOR’NlA i, . . ,.” (jL ) ‘*.,I;;s,.,i’t’~
CQVNTY OF
on
a Natary Fublk in &ti for rrfd Cauaty &d 1944, bafercr IPer the und+rtf&gaed, &ate, peraondly apparad
krim-
rubrcrlbed to tha within inrtruznati and ackmwledged”%at csii
tba same.
WITNESS my hrd rllGa official real,
%tary Public 5n and-& said County axed ?%&
- ----- ___- 1
524
COnrouATloN
STATL OF CALIFORNIA COUNTY OF II.
on Mqxh..ll 1964 I . .._................................. ---- -..- ---- . . . . . . . . . . . . .
before ma, the undersigned, a Notary Public in and for said County
and State, personally appeared ____._.__....____...........................................
H, E.. BIJZRCE,.... JR . . . . . . . . . . . .
known !o.mt?+t6! b.the.. Ma. Or .___ -#and _______....._......_._..... . / :. g .::...M&&.G,ARgT E MMMS e .
L;&n’ td rn,t~~~.,~d~.~~~~~~~~~~~~ ___.__...._..._________ . ..-ry of
the C~~rp%rako: %h&“e&e&d’ -fhe within instrument known to me
to be the .parrons wlio”ex&;;fed the within inrtrumen; on behalf of
that such
itmBn
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. PARCEL 1:
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“EXHIBIT B” .I
That portion of the East Half of the West Half of Section 18, Township 11 South,
Range 4. West, San Bernardino Base and Meridian, in the County of San Diego,
State of California, according to United States Government Survey approved
December 27, 1870, described as follows:
Beginning at a concrete monument marking the center of Section 18, Township 11
South, Range 4 West, San Bernardino Base and Meridian; thence South 0’ 14’25”
West along the North and South center line of said Section 18, a distance of 160.43
feet, more or less, to the center line of San Luis Rey Road No. 2; thence along
the center line of said San Luis Rey Road, South 50’ 15’ 09” West, a distance of
777.51 feet; thence North 39’ 57’ 33” West along the Southwesterly line of land
described in Parcel No. 2 in deed to Rex McDaniel et ux, recorded March 25,
1952 in Book 4414, page 449 of Official Records, to a point distant thereon 249.91
feetAmeasured along&d last described line) from the Northwesterly line of said
land described in deed to the State of California, recorded February 27, 1940, in
Book 995, page 376 of Official Records, being also the TRUE POINT OF BEGINNING:
thence continuing’ North 39O 57’ 33” West, 357.16 feet to an angle point in said
McDaniel land; thence North 30° 27’ 52” East, 1878.17 feet; thence South 89’ 45’ 35”
East, 73.42 feet to an intersection with the North and South center line of said
Section 18; thence South Q” 14’ 25” West along the said center line of Section 18, a
distance of 126.18 feet to a two inch pipe marking the Northeast corner of the South-
east Quarter of the Northwest Quarter of Section 18; thence continuing along said
North and South center line of said Section 18, South 00 14’ 25” West, l104.93 feet
to a point distant thereon North 0’ 14’ 25” East, 231.28 feet from the center of said
Section 18; thence South 30” 16’ West, parallel with said Northwesterly line of said
Deed to the State of California, a distance of 1031.04 feet to the true point of begin-
ning.
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.’ . “EXHIBIT C”
*PARCEL ‘2: . I 899
That portion of the East Half of the West Half of Section 18, Township 11 South, ’
Range 4 West, San Bernardino Base and Meridian, in the County of San Diego,
State of California, according to United States Government Survey approved
December 27, 1870, described as follows:
Beginning at a concrete monument marking the center of Section 18, Township 11
South, Range 4 West, San Bernardino Base and Meridian; thence South 0’ 141 25“
West along the North and South center line of said Section 18, a distance of 160.43
feet, more or less, to the center line of San Luis Rey Road No. 2; thence along .
the center line of said San Luis Rey Road, South 50’ 15’ 09” West, a distance of
777. 51 feet; thence North 39’ 57’ 33” West along the Southwesterly line of land
describedin Parcel No. 2 in deed to Rex McDaniel, et ux, recorded March 25,
1952 in Book 4414, page 449 of Official Records, to a point distant thereon 2,49.91
feet (measured along said last described line) from the Northwesterly line of land
described in deed to the State of California, recorded February 27, 1940 in Book
995, page 370 of Official Records; thence North 50’ 16’ East, parallel with said
Northwesterly line, a distance of 1031.04 feet to a point in the North and South
center line of said Section 18, a distant thereon North 0’ 14’ 25” East 231.28 feet
from the center of said Section 18; thence South O” 14’ 25” West along said North and
South center line a distance of 231.28 feet to the point of beginning.
EXCEPTING therefrom that portion of the above described property lying within
the right of way of the San Luis Rey Road No. 2,
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PARCEL 3:
That portion.of Section 18, Township 11 South,’ Range 4 West, San Bernardino Base
and Meridian, in the County of San Diego, State of California, according to United *
States Government Survey approved December 27, 1870, described as follows:
Beginning at the point of intersection of the North and South center line of said
Section 18 with the Southeasterly line of the California State Highway XI-SD-195-A
as described in easement deed to the State of California recorded in Book 995,
page 370 of Official Records; thence Southerly along the Easterly line of the North;
east Quarter of the Southwest Quarter to the Southeast corner thereof; thence West-
erly along the South line of said Northeast Quarter of the Southwest Quarter to the
Northeasterly line of the 100.00 foot strip of land as excepted in deed to Rex
McDaniel, et ux, recorded in Book 4647, page 358 of Official Records; thence
Northwesterly along said Northeasterly line to the Southeasterly line of said
California State Highway XI-SD-195-A; thence North 50° 16’ East along said Southeast-
erly line to the point of beginning.
EXCEPTING THEREFROM that portion described as follows:
That portion of Section 18, Township 11 South, Rmge 4 West, San Bernardino Base
and Meridian, in the County of San.Djego, State of California, according to United
States Government Survey approved December 27, 1870, described as follows:
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Beginning at the point of intersection of the North and South center line of said
Section 18 with the Southeasterly line of the California State Highway XI-SD-195-A
as described in easementcbed to the State of California recorded in Book 995, page
370 of Official Records; thence Southwesterly along the Southeasterly line of said
State Highway a distance of 991.16 feet to the true point of beginning; thence South-
easterly, at right angles to the Southeasterly line of said State Highway a distance
of 340.00 feet; thence Southwesterly parallel with said Southeasterly line to the
Northeasterly line of the 100.00 foot strip of land as excepted in deed to Rex
McDaniel, et ux, recorded in Book 4647, page 358 of Official Records; thence
Northwesterly along said Northeasterly line a distance of 340.00 feet, .more or
less, to the Southeasterly line of said State Highway; thence Northeasterly along
said Southeasterly line to the true point of beginning.
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c
That portion of Section 18, Township 11 South, Range 4 west, San Bernardino Base
and Meridian, in the County of San Diego, State of California, according to United
States Government Survey approved December 27, 1870, described as follows:
Beginning at the point of intersection of the North and South center line of said
Section 18 with the Southeasterly line of the California State Highway XI-SD-195-A
as described in easement deed to the State of.California recorded in Book 995, page
370 of Official Records; thence Southwesterly along the Southeasterly line of said
State Highway a distance of 991.16 feet to the true point of beginning; thence South-
easterly, at right angles to the Southeasterly line of said State Highway, a distance
of 340.00 feet; thence Southwesterly parallel with said Southeasterly line to the
Northeasterly line of the 100.00 foot strip of land as excepted in deed to Rex
McDaniel, et WC, recorded in Book 4647, page 358 of Official Records; thence
Northwesterly along said Northeasterly line a distance of 340..00 feet, more or
less, to the Southeasterly line of said State Highway; thence Northeasterly along I
said Southeasterly line to the true point of beginning.
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“EXHIBIT Bt’ 901
D%C&XPTION
Lie Louti? 37.26 acres of iot 2, and that portion of the Southwest ,uarter and the East half of the NorthweLt quarter of Section 18, .
Town5iilij 11 touth, Han;e 4 West, tan Bernardino Base and Meridian, in the County of Lan Diego, State of California, according to United Ltates Governmnt survey approved Gecernber 27, 1870, lying Northerly and \iest.erly of a line described as follows:
Beginning at the North Quarter corner of said Lection 18; thence along the Zorth and South center iine of said sectinn South OO22'47" West 12~0.16 feet to the THJE PcjINT 01;' BEGINNING; thence North 89°37’13” 1 i tt e s i 73.42 feet; thence Louth 30°361~b” West.1878.17 feet; thence South 39O55’46” East 607.07 feet to the Northwesteriy line of the rigl.1; of' way described in Ueed to l;tate of California; recorded E'ebritary 27; 1940, as Document NO. 9862, page 370 of Book 995 of Official i.ecords; thence alon& said right of way line South 50°23'30f1 Iv'ost $85.95 feet to the westerly Lqe of said tection 18. EXCEPTING ' therefro;n that portion of Lot 2 .and that portion of the Northwest :uarter of the Southwest %)u.arter of said Section 18 as deeded to the yity of Cceanside, recorded June 4, 1962, as document Xo. 94349 of c?i'iciai I<ecords. ALLO EXCEPTING that portion of the North one-half of,ihe Southwest quarter of said Lection i8 lying southwesterly of. the Noric,easterly line of a forty foot water drainage easement &ranted to the City of Oceanside, Septeinber 20, 1961, as Document No. 163907 of 3fficlal Iiecords. ALLO EXCEPTING that portion of the Northeast <Garter of the Northeast ;;uarter of said bection 18, lying within that porticn conveyed to the ban Die&o Gas and Electric Company, 'in that certaio deeti recorded Flay 31, 1962, as Document No. 92390 of Official iiecords.
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Y ” EXHIBXT E”
l+dCEL’ 4: :
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902 ’
That portion of Sectron 18, Township 11 South, Range 4 West, San Bernardino Base . . and Meridian, in the County of San Diego, State of California, according to U&ted
States Government Survey approved December 27, 1870, described as follows:
Beginning at the point of intersection of the North and South center line of said
Section 18 with the Southeasterly line of the California State Highway XI-SD-195-A
as described in easement deed to the State of California recorded in Book 995, page
370 of Official Records; thence Southwesterly along the Southeasterly line of said .
State Highway a distance of 991.16 feet to the true point of beginning; thence South-
easterly, at right angles to the Southeasterly line of said State Highway a distance
of 340.00 feet; thence Southwesterly parallel with said Southeasterly line to the
Northeasterly line of the 100.00 foot strip of land as excepted in deed,to Rex .
McDaniel, ‘et ux, recorded in Book 4647, page 358 of Official Records; thence
Northwesterly along said Northeasterly line a distance of 340.00 feet, more or
less, to the Southeasterly line of said State Highway; thence Northeasterly along
said Southeasterly line to the true point of beginning. I
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