HomeMy WebLinkAbout; CALIFORNIA, STATE OF; 87-387573; Easement.I '. * * 'a . ,1763 01 28,5($e
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:I(,! ;;,. , .... ... ., (, 1: ;:,; ;:; ,,Y)\ ,!, i y, ,. .". i 1 Recording Requested .By: ; . ~.~,~"~~~~~.~.~.~..~ .. :.:e,?;?; i
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1200 Elm Avenue t \ri::lA ,t: by1 i:.* 3
City Clerk j::?,?. gq \ 0 ptj 12 2 5 '. City of Carlsbad
Carlsbad, CA 92008 iLCQ\jNj i' ttt:.l>o!m~' i :,J~. diJ*
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City Clerk 6
When Recorded Mail To:
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City of Carlsbad
Carlsbad, CA 92008
7 1200 Elm Avenue
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Space above. for Recorder's Uic 9
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11 CARLSBAD STATE BEACH
.12 I AGREEMENT AND GRANT OF EASEMENT
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15 THIS AGREEMENT, made and entered into this 3 *
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'through the Department of Parks and Recreation, hereinafter called 'I: 17
L- @eh!o , I.& by and between the STATE OF CALIFORNIA,
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City of Carlsbad, hereinafter called "GRANTEE";
20 VITNESSLIfi: """
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22 That STATE, pursuant to the provisions of Section 5012 of t
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construction and maintenance of an approximately 3,200-foot-long seav 24
Resources Code, does hereby grant unto GRANTEE an easement for the
a part hereof. 27
within Carlsbad State Beach as described on Exhibit A attached heretc 26
appurtenant facilities adjacent to Carlsbad Boulevard in the City of 25
COURT PAPER (,j"jz STD. 113 IREV. 8.721
STATL OF CALITORNIA
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e1 This grant is made and accepted upon the following terms an(
2 conditions: -
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4 1. This grant is subject to all valid and existing contracts, 1
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the use of the word "grant" herein shall not be construed as a covenar 6
licenses, encumbrances, and claims of title which may affect said pro]
against the existence of any thereof. 7
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9 7. GRANTEE hereby waives all claims and recourse against the S1
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way connected with or incident to this agreement. GRANTEE agrees to 'I
loss or damage to persons or property arising from, growing out of, or
l2 indemnify, save harmless, and defend the STATE, its officers, agents,
l3 employees against any and all claims, demands, or causes of action th;
l4 brougtt against the STATE, its officers, agents, and employees arisin!
I' or in any way connected with or incident to the use or occupancy of sa
l6 premises by the GRANTEE or the exercise by GRANTEE of the rights or pr
l7 herein granted.
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19 ! 3. STATE expressly reserves the right to the Use of said Proper
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the easement here in granted. 21
any manner, provided such use does not unreasonably interfere with the
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4. STATE expressly reserves the right to require GRANTEE, at tf
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that within one hundred eighty (180) days after written notice from S1 27
interfere with the future development of STATE'S property. GRANTEE a: 26
within the easement upon determination by STATE that said improvements 25
expense of STATE, to remove and relocate all improvements placed by GF
COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8.721
85 34769 I1 2
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I II 3 3 1765 21
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I, such determination by STATE and demand for removal and relocation of !
2 improvements, GRANTEE shall remove and relocate said improvements to i
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GRANTEE with a good and sufficient similar easement for said improveml 4
feasible location on the property of the STATE, and STATE shall furni:
such new location, and GRANTEE thereupon shall reconvey to STATE the I
6 herein granted.
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8 5. This agreement and the rights and privileges herein given GI
9 shall terminate in the event that GRANTEE shall fail for a continuous
lo of one (1.) year to utilize the rights and privileges herein granted.
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12 6. In the event of the termination of this agreement, GRANTEE ~
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GRANTEE on demand, l9
!given, STATE may do so, all at the cost and expense of GRANTEE to be l8
shall fail so to do within sixty (60) days after the aforesaid reques l7
they were in prior to the entry of GRANTEE upon said premises; but if l6
restore said premises as nearly as possible to the same state and con1 , l5
property and equipment placed by or for GRANTEE, upon the said premisc l4
GRANTEE'S own expense, when requested in writing to do so by STATE, rl
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21 Upon termination of the rights herein granted, GRANTEE shal
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deed to the rights arising hereunder. 23
and deliver to STATE within thirty (30) days, a good and sufficient q
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25 7. This agreement shall not, nor shall any interest therein Or
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whether voluntarily or involuntarily or by operation of law, nor shal 27
thereunder, be assigned, mortgaged , hypothecated, or transferred by C
COURT PAPER srArz OF CALIFORNIA STD. 113 (REV. 8.721
a5 w69 II 3
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consent of STATE heing first had and obtained. 3
occupancy of the - said premises or any portion thereof, without the wr 2
let or sublet, or grant any licenses or permits with respect to the u
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5 5. GRANTEE is further given the right of reasonable ingress to
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GRANTEE shall secure the consent of the STATE as to the route or rout1 9
possible and further provided that if such road or trail is not availq 8
roads and trails shall be utilized for such purpose whenever reasonab 7
egress from the easement hereby granted, provided, however, that exis
10 followed for the purpose of such ingress and egress. Such right of iI
11 and egress shall at all times be exercised in a manner which will cau,
12 least damage to the property of the STATE.
14 ?. Prior to the comencent of any construction, GRANTEE shall 5 l3 I 15
the written approval from STATE for said drawings. 16
STATE the working drawings of the proposed improvements and shall in I
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18 i 10. The granting of this Agreement and Grant of Easement shall i i
19 11 'the seawall and each of the following improvements that are included i
2* final working drawings as approved by STATE: II 21
22 a} a lateral storm drainage system to be provided by GRANTEE in
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conjunction with the seawall and appurtenant facilities;
25 I/ b) a IO-foot-wide lateral-access pathway;
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27 c) 7 beach-access stairwells;
COURT PAPER
STD. 113 (REV. 0.723
STATE Or CALIFORNIA ll
85 34769 ll d
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: 41 m L @) G 1767
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COURT PAPER
STD. 113 IREV. 8.721
STATE OF CALIFORNIA
65 34769 I
dl one (1, additional bluff-access staircase (it is understood
City-of Carlshac! is seeking funding to construct two (2) ad(
bluff-access staircases) ; and
el an engineered rock riprap "seawall" in front of the existinc
elevated sand pad at the base of the Pine Street ramp,
11. Upon cornpl etion of any work to be performed by GRANTEE on sa
easement, GRANTEE shall restore the surface of the easement to a condi.
satisfactory to the STATE.
1.2. GRANTEE, in the exercise of the rights herein granted, shall
times comply with all applicable laws and lawful regulations, includin
rules and regulations for the State Park System now in effect or herea
adopted.
13. GRANTEE shall assume full and complete responsibility for an;
all repalr and maTntenance, including graffiti removal and removal of (
from storm dra in , to be performed or needing to be per formed and shall
all costs involving both labor and materials incurred while performing
repair and/or maintenance on the seawall and appurtenant facllities. I
GRANTEE fa il s to do so, STATE may, upon giving GRANTEE thirty ( 30) days
written notice of its intent to do so, cause said repairs and/or mainte
to he done and bill GRANTEE for the incurred costs. GRANTEE agrees to
promptly reimburse STATE for such costs.
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b COURT PAPER
STD. 113 IRCV. 0.721
STATE Or CAL1~QRNIA
85 34769
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14, STATE shall assume full and complete responsibility for a1
"housekeeping" - to be performed. The term "housekeeping" is defined l
the removal of litter and refuse from the lateral access pathway and
bluff-access staircase.
15. GRANTEE agrees to complete construction of the seawall and
appurtenant facilities within two (2) years of the date hereinabove
written.
IN WITNESS WHEREOF, the parties have executed this instrumc
the date first hereinabove appearing.
GRANTEE :
CITY OF CARLSBAD
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND I
WM. S. BRINER, DIRECTOR
BY ;11.5&
BY (52LtkLd Date /o [v[w I I I ALETHA L. MIJTENK&rij
I Date 0- J 1 / SSd
I I Ly?z~?f",'$ f.:..F I Deportmen: of Gen,?;-ai ~~~~i~~~ w
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i i8r;F %dJ, 91
CJSenior land gent
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(DPR 280A)
G- 1 037 Q- PERM
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3 1763
STATE OF CALIFORNIA
COUNTY OF SACRAMENTO
1 ss. SSION EXP. JSJ. 13,i98
On this.-. AUday of A&& .A& , in the year of 19 & , before me,
drily commissioned and sworn, personally appeare ____.""
known to me to be the-." 0 Director of Parks and Recreation of the State of California
- and acknowledged to me that he executed the within instrument in the name of and on behalf of the Stntc
of California.
A&:lEA! ""_ A?" 14Fdrnd r the State of California,
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IN T$ITNKSS WI.II:ZEOF, I have hereunto set my hand and affixed my oflicial seal in said County, the da)
and year Srst above written. '
Notary Public
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ) ss.
On July 8, 1987 , before me the undersigned, Notary Public in and for said State, personnally appeared-----------
of the City of Carlsbad, a Municipal Corporation of the State of C; known to me to be the person who executed the within instrument on
of said Municipal Corporation, and acknowledged to me that such Cil Carlsbad, California, executed the same.
Claude A. Lewis , known to me to be the Mayor
WITNESS my hand the the official seal.
.............................. * * * OFFICIAL SEAL f * KAREN R. KUNDTZ r; * NOTARY PUBLIC-CALIFORNIA X * SAN DIEGO COUNTY *
* Mv Comm. Em. Seot. 27. 1989 5 ;x***************************;
2 Not&-Xblk2
. ' *. .. a, J 1779 e)
AMENDED LEGAL DESCRIPTION FOR THE
CARLSBAD BOULEVARD SEAWALL
- AND APPURTENANT FACILITIES
PARCEL 'A'
Beginning at a point at the intersection of centerline!
Carlsbad Boulevard and Tamarack Avenue, hereinafter designatel
"MONUMENT A"; then North 32'37'36" West 2,259.01 feet to a PI
at the intersection of centerlines of Carlsbad Boulevard
Chestnut Avenue, hereinafter designated as "MONUMENT B"; 1
North 32'37'36" West 1,377.66 feet; then South 57'22'24'' I
39.34 feet to the TRUE POINT OF BEGINNING of Parcel !A'.
From the TRUE POINT OF BEGINNING of Parcel 'A'; 60 feet 1
Westerly and parallel to the following described line: from
TRUE POINT OF BEGINNING then South 32'37'36" East 25 feet;
South 35'32'21" East 57 feet to the beginning of an arc w
chord bearing is South 27'10'47" East and whose interior angl
16'43'08", having a radius of 200 feet and an arc length of 5
feet to the beginning of an arc whose chord bearing is S
20'20'52" East with an interior angle of 19'03'17", a radiu
200 feet and an arc length of 66.51 feet; then from the en
said arc South 37'52'30" East 136.82 feet to the beginning o
arc with a chord bearing of South 26'36'29" East, an inte
. angle of 22'32'02", a radius of 200 feet, and an arc lengt
78.66 feet; then .from the end of said arc South 15'20'28" E
30.57 feet to the beginning of an arc with a chord bearin
South 28'48'46" East, an interior angle of 26'56'35", a radiu
200 feet, and an arc length of 94.05 feet; then South 32'37
East 50.00 feet, at which point is the end of said Parcel
785.69 feet to said "MONUMENT 8".
PARCEL 'Br
Beginning at "MONUMENT 8"; then North 32'37'36" Wesk 868.72 f
then South 57'22'24" West 104.81 feet to the TRUE POIN
BEGINNING of Parcel 'B'.
From the TRUE POINT OF BEGINNING of Parcel '6' begins a stri
land 75 feet wide described as 20 feet easterly and paralle
and 55 feet Westerly and parallel to a line described
commencing at the TRUE POINT OF BEGINNING of Parcel '6';
South 32'37'36" East 40 feet to the beginning of an arc wi
chord bearing South 31'21'14" East, an interior angle
14'28'59", a radius of 360 feet, and an arc length of 91 f
then from the end of said arc South 24'06'44" East 64 feet to
described as 20 feet Easterly and parallel to and 40
then North 57°22t24't East 57.67 feet; then South :J2'37'36"
f?q e.-! !I
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8 3. 3 17'11 e)
LEGAL DESCRIPTION FOR THE
. CARLSBAD BOULEVARD SEAWALL
AND APPURTENANT FACILITIES
- (Page 2)
beginning of an arc with a chord bearing South 34'56'05" East
interior angle of 21'38'42", a radius of 180 feet, and an
length of 68 feet; at which point said strip ceases to be 75
wide as described; then North 44'14'34" East 44 feet (radia
hereinafter designated as Point 'lB-l"; at which point said s
becomes 139 feet wide described as 40 feet Easterly and para
to and 99 feet Westerly and parallel to a line described
interior angle of 18'27'36", a radius of 160 feet, and an
length of 51.55 feet; at which point said strip ceases to be
feet wide and commences being 55 feet wide described as 40
Easterly and parallel to and 15 feet Westerly and parallel
line described as: from the end of previously described
begin an arc with a chord bearing South 19°04102" East, a ra
of 160 feet, and an arc length of 51.55 feet; then begin an
with a chord bearing South 27'15'52" East, an interior angl
36'51'37", a radius of 160 feet, and an arc length of 102.
then begin an arc with a chord bearing South 37'32'02" East
interior angle of 16'19'35", a radius of 160 feet, and an
length of 45.59 feet; then South 29'22'15" East 237.53 feet;
South 60'37'45" West (radially) 7 feet to the beginning of an
with a chord bearing South 39'04'08" East, an interior angl
19'23'46", a radius of 160 feet, and an arc length of 54.16 f
. then begin an arc with a chord bearing South 34'54'01" East
interior angle of 27"44'01", a radius of 160 feet, and an
South 26'00'51'' East, an interior angle of 09'57'40", a radiu
560 feet, and an arc length of 97.36 feet; then South 30' 59
East 117.60 feet to the beginning of an arc with a chord bea
South 31' 46'11" East, An interior angle of 1'32'59", a radiu
560 feet, and an arc length of 15.15 feet; then South 32' 32
East 36.62 feet; then South 57'27'20" West 7 feet; then S
32'32'40" East 101.34 feet to the beginning of an arc wi
chord bearing South 37'44'52" East, an interior angle
10'24'24", a radius of 160 feet, and an arc length of 29.06 f
then begin an arc with a chord bearing South 30'04'58" East
interior ang'le of 25'44'12", a radius of 260 feet, and an
length off 116.79 feet; then begin an arc with a chord bea
South 24'38'42" East, an interior angle of 14'51'41", a radiu
160 feetand an arc length of 41.50 feet; then South 32'04
East 192 feet; then South 52'55'27" West 7 feet; then S
32°04'331' East 73 feet to the beginning of an arc with a c
bearing South 39'47'20" East, an interior angle of 15'25'33
radius of 260 feet, and an arc length of 70 feet, then begi
arc with a chord bearing South 36°30'33" East, an interior E
of 21'59'06", a radius of 260 feet, and an arc length of 5
beginning an arc with a chord bearing South 36'31'38'' East
length of 77.45 feet; then begin an arc with a chord bea
y",,; 7 ? ' 7
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a. . 0 xi 1772 . .I _,
LEGAL OESCRIPTION FOR THE CARLSBAD BOULEVARD SEAWALL
AND APPURTENANT FACILITIES - (Page 3)
feet; then South 25'31'00" East 26 feet to the beginning arc with a chord bearing South 31'05'15" East, an interior
of 11"08'29", a radius of 600 feet, and an arc length of 1 feet; then begin an arc with a chord bearing South 28'5
East, an interior angle of 15°19t32'1, a radius OF 600 feet
an arc length of 160.49 feet; then begin an arc with a
be.aring South 27°25'12tt East, an int'erior angle of 12"IO'i
radius of 600 feet, and an arc length of 127.49 feet; then
56'29'34" West (radially) 7 feet; then South 33"30'26"
211.50 feet to the beginning of an arc with a chord b'earing 38"56'50" East, an interior angle of 10"52'48", a radius c
feet and an arc length of 113.94 feet; then begin an arc h
chord bearing South 40'03'48" East, an interior angl
08'38'55", a radius of 200 feet, and an arc length of 30.19
then South 54'1514011 West (radially) 70 feet to the beginnir
an arc with a chord bearing South 28'56'09" East, an int
angle of 13'36'21", a radius of 300 feet, and an arc lenc
71.24 feet; then begin an arc with a chord. bearing
30'37'56'' East, an interior angle of 16"59'55", a radita
feet, and an arc length of 89 feet; then begin an arc k
chord bearing South 36'59'48" East, an interior angl
4°16t11t1, a radius of 700 feet, and an arc length of 5ZS17 then South 34"51'42" East 238 feet; then North 55"08'181f
(radially) 7 feet to a point hereinafter designated as Poin
2", said point also being the beginning of an arc with a
bearing South 3O032'18" East, an interior angle of 08"38'4 radius of 550 feet, and an arc length of 83 feet; then
26°12'55t1 East, 74.18 feet to the beginning of an arc k
chord bearing South 33'40'21" East, an interior angl
14"54'52'', a radius of 350 feet, and an arc length of
feet; that point being the end of the 55 feet strip Parcel
then north 57"22'24" East 142.64 feet; then North 32"37'36''
274.23 feet to "MONUMENT A".
PARCEL 'C I
Beginning at "MONUMENT A"; then South 32'37'36" East 188.01
then South 57'22'24", West 184.69 feet to the TRUE POI BEGINNING of Parcel IC' being a strip 80 feet wide descrik
20 feet Easterly or Easterly to the Westerly boundary of P
I8', described previously herein, which ever is greate
parallel to and 60 feet Westerly and parallel to a line desc
as: Commencing at the TRUE POINT OF BEGINNING of Parcel
then South 32"37'36" East 40 feet to the beginning of an arc
a chord bearing South 41"07'48" East, an interior ang 09'55'53", a radius of 600 feet, and an arc length OF 104
then South 36"09'51'' East 319.13 feet to the beginning of a
with a chord bearing South 39'51'56" East, an interior ang
07"24'09'1, a radius of 300 feet, and an arc length of 38.76
r-yp 7 7 .! - r- Lt..it $',a ,;. I
,'x. . . e, J 1773
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LEGAL DESCRIPTION FOR THE
CARLSBAD BOULEVARD SEAWALL
AND APPURTENANT FACILITIES - (Page 4)
then begin an arc with a chord bearing South 03'17'11" East
interior angle of 80°33'38", a radius of 52 feet, and ar-
length of 73.11 feet; then South 46'59'38" West 50.00 feet;
point being the end of the EO feet wide strip Parcel IC'*
feet; then North 32'37'36" West 746.29 feet to "MONUMENT A"
PARCEL 'D '
Beginning at "MONUMENT 8"; then North 32"37'36" West 155 f
then South 57'22'24" West to the intersection with the West
Right-of-way of Carlsbad Boulevard at which point is the
POINT OF BEGINNING of Parcel ID!. Said Parcel being 100
wide 50 feet each side of a centerline described as foll
From the TRUE POINT OF BEGINNING of Parcel 'Dl; then Z
57'22'24" West to the intersection with the Easterly lir
Parcel 'Bo previously described herein.
PARCEL 'E '
North 46'59'38" East 50,OO feet; then North 57'22'24" East 17
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Beginning at "MONUMENT B"; then South 32'37136'1 East 300 f
then South 57'22'24" West to the intersection with the west
right-of-way of Carlsbd Boulevard at which point is the
' POINT OF BEGINNING of Parcel I€'; said parcel beging 100
wide, 50 feet each side of a centerline described as foll
from the TRUE POINT OF BEGINNING of Parcel I€'; then z
57"22'24" West to the intersection with the Easterly lir
Parcel 'B' previously described herein,
PARCEL 'F '
Beginning at "MONUMENT B"; the South 32'37'36" West 1,015 1
then South 57'22'24" West to the intersection with the Wesl
right-of-way of Carlsbad Boulevard, at which point is the
POINT OF BEGINNING of Parcel IF'; said Parcel being 100
wide, 50 feet each side of a centerline described as fol
from the TRUE POINT OF BEGINNING of Parcel IF'; then !
57'22'24" West to the intersection with the Easterly lil
Parcel 'B' previously described herein.
PARCEL 'G '
Beginning at "MONUMENT A"; then North 32'37'36" West 575
then South 57"22'24" West to the intersection with the Wes,
right-of-way of Carlsbad Boulevard, at which point is the
POINT OF BEGINNING of Parcel !GI; said Parcel being 100
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LEGAL DESCRIPTION FOR THE
CARLSBAD BOULEVARD SEAWALL
AND APPURTENANT FACILITIES
(Page 5) -
wide, 50 feet each side of a centerline described as foll
From the TRUE POINT OF BEGINNING of Parcel 'GI; then S
57"22'24" West to the intersection with the Easterly lir:
Parcel 'B' previously described herein.
PARCEL 'H '
Beginning at Point tB-ll, said point being the TRUE POIh
BEGINNING of Parcel 'HI, said parcel extending 40 feet East
and parallel to and Westerly to the Easterly boundary of Pa
IB' from the following described line: from the TRUE POIH
BEGINNING of Parcel ItH"; then North 32'37'36'' West 50.00 fee
which point is the end of Parcel 'HI, then South 32'37'36"
50.00 feet to Point '6-1 I.
PARCEL 'I '
Beginning at Point 'B-Z", then North 55"08118'1 East 40.00 feE
the TRUE POINT OF BEGINNING of Parcel '1'; then North 34"51
West 100.00 feet; then South 55"08'18" West 7.00 feet; then S
34'51'42" East 100.00 feet; then North 55"08'18" East 7.00
to the TRUE POINT OF BEGINNING.
. PARCEL 'J'
Beginning at "MONUMENT €3"; then North 32"37'36" West 1,100 f
then North 45" East to the intersection with the Westerly ri
of-way of Ocean Street; said point being the TRUE POIb
BEGINNING of Parcel 'J'; said parcel being 40 feet wide, 20
each side of a centerline described as follows: from the
POINT OF BEGINNING of Parcel 'J'; then South 45" West tc
intersection with the Easterly line of Parcel 'A' previc
described herein.
PARCEL 'K '
Beginning at "MONUMENT B"; then North 32"37'36" West 970 1
then North 57"22'2411 East to the intersection with the West
right-of-way of Carlsbad Boulevard; said point being the
POINT OF BEGINNING of Parcel #Kt; said parcel being a str:
feet wide lying Westerly of, and parallel to the Westerly r:
of-way of Carlsbad Boulevard; then Southerly along said right
way 100 feet at which point said strip reduces to 15 feet \
then said strip continues Southerly along said right-of-way
point 850 feet Southerly of the centerline of Chestnut Avenuc
its intersection with the Westerly right-of-way of Car:
Boulevard; at which point said parcel ends.
B"q/&I WnF Lit< (=yj ;; ~ -. ;
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CERTIFICATLOX FOR ACCEPTANCE OF EASEHENT
This is to certify that the interest in real property
conveyed by the easement dated October 30, 1986
from State of California Department of Parks and Recreation
to the city of Carlsbad, California, a municipal corporation
is hereby accepted by the City Council of the City or' Carlsk
California gursuant to resolution ?io. 8835 , adopted
on - October 7, 1987 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED : July 8, 1987
By :
ALE'I;JI-TA L. AUTJ&KZ~, citv @I ~.
d R. KUNDTZ, Deputy-City Clerk
x,