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Home My WebLink About; CARLTAS CO.; 88-463308; Easement, ~' ~kECb~n~~)~ F7q',jEtTED w3 .r* . 6 UMQ~ Lnitu nt~~ wm e *I 1 WHEN RECORDED, PLEASE MAIL > THIS INSTRUMENT TO: d CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 88-463338 T 'J 16 r RECORDED IN- OFFICIAL RECORDS OF SAN DlEGO COUNTY, CA. 1 L 1988 S E P k 5AM 8:OO VERA L. LYLE COUNTY. RECQRDER - NO FEE NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT DRAINAGE Assessor's Parcel NO. 211-040-08 Project CARLTAS COMPANY, a California Limited Partnership, hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and release unto CITY OF CARLSBAD, a municipal corporation of the State of California, herein designated Grantee, its successors and assigns, a perpetual easement and right-of-way upon, through, under, over and across the hereinafter described real" property for the installation, construction, maintenance, repair, replacement, reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE channel and all structures incidental thereto, and for the flowage of any waters in, over, upon or through said channel, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth, and any other obstruction interfering with the use of said easement and right-of-way by the Grantee, its successors or assigns. To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever with the right to convey said easement, or any portion of said easement, to other public agencies. If a substituted drainage facility(ies) is/are constructed on the real property referred to herein, but at a different location(s), the GRANTEE agrees to quitclaim the easement and right-of-way granted herein when no longer required, on condition that a permanent easement(s) and right-of-way required for said substitute drainage facility(ies) is granted to the GRANTEE, which in the sole discretion of the CITY OF CARLSBAD will provide an equivalent easement (s) and facility(ies) for drainage as that conveyed herein. The real property referred to hereinabove and made subject to said easement and right-of-way by this grant is situated in the City of Carlsbad, County of San Diego, State of California, and is particularly described as follows: See the attached legal description designated Exhibit "A", consisting of 3 sheets, and the attached Acquisition Plats, designated Exhibit "B", consisting of 6 sheets, each made a part hereof by reference. @3 d .. ' J ''+ 0 2 .. 0 f d 19 I . The Grantee shall have the right to fence all or any portion of said easement herein conveyed within which there is installed or constructed an unenclosed flood drainage channel . The Grantee, it successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the above described works of improvement. The Grantor, his successors and assigns, reserves the right to enclose in a manner approved by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage channel provided such enclosure is constructed or instal led by a licensed contractor in accordance with plans and specifications approved by and to the satisfaction of the Grantee-,. its successors and assigns. In granting its approval, the Grantee, its successors and assigns, may impose reasonable conditions, including, but not limited to, the filing by the contractor or Grantor of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor, his successors and assigns, the right and privilege to use the above described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. Executed this 24th day of June , 1988. " - CARLTAS COMPANY, a California 1 STATE OF California County of San Diego 1. On June 24 , 1988, before me, the undersigned, a Notary Public in and for said County and State, personally appeared >on the basis of satisfactory evidence) to ad F&! Jr. be the persons(s) who executed the within as the General Partner on behalf of Carltas Company, a California Limited Partnership, the Partnership therein named, and acknowledged to me that the Partnership executed it. Witness my hand and official seal. ( )ss. P Mary Anne Moyer Notary Pub1 ic in and forQsaid County "and vate This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, lifornia pursuant to Resolution No. //-J&? adopted on , and the Grantee consents to recordation thereof by its duly'autho'rized officer. Dated Ld 1 /?R;U BY &? d J" Awf RiTEN&*)l erk -... ._ 2 .s ."+ , 0 n e LI 20 E XH IB IT "A" '.". LEGAL DESCRIPTION Assessors Parcel Nos. 211-040-08 A1 1 that portion of Lot 'HI of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego County November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a point on the southerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County, known as Palomar Airport Road, at Engineer's Station 43+46.41, B.C.; thence along said southerly right-of-way N 87'49'31'' W (N 87"50'28" W per said R.S. 1534) 36.72 feet to the TRUE POINT OF BEGINNING "A"; thence leaving said souther1.y right-of-way, S 1'42'46" W 77.88 feet; thence N 88'12'14" W 20..00 feet, thence N l"47'46" E 78.01 feet to said southerly right-of-way; thence along said southerly right-of-way, S 87'49'31" E 20.00 feet to the TRUE POINT OF BEGINNING "A". Together with the following described portion of said Lot "H": Beginning at a point on the southerly right-of-way of Road Survey No. 1534 filed in the office of the County Surveyor of said County, known as Palomar Airport Road, said point being at Engineer's Station 43+46.41, B.C. per said R.S. 1534, said point being at the end of a curve, concave northwesterly and having a radius of 2,050.00 feet; thence easterly along said southerly right-of-way and said curve through a central angle of 7'53'18" an arc length of 282.24 feet to the TRUE POINT OF BEGINNING "B"; thence leaving said curve S 13"44'00" E 60.73 feet; thence N 76'16'00" E 20.00 feet; thence N 13"44'00" W 58.01 feet to the southerly right-of-way of said Road Survey No. 1534, said point being on a non-tangent curve, concave northwesterly and DLW/se 268-01-1(~)347.74 Page 1 of 3 , e*.- '~ 1 .- ... ;f .a' a .i; 25 having a 'radius of 2,050.00 feet, a radial line to sa?;. point bears S 06'16'38" E; thence westerly along said curve through a central angle of 0'33'49" an arc length of 20.16 feet to the TRUE POINT OF BEGINNING "B". Together with the fol1 owing described portion of said Lot "H'l: Beginning at a point on the southerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County, known as Palomar Airport Road, at Engineer's Station 51+78.49 Ahd., E.C., said point being at the end of a curve concave northwesterly, and having a radius of 2,050.00 feet; thence westerly along said southerly right-of-way and said curve, through a central angle of 1'47'52" an arc length of 64.32 feet to the TRUE POINT OF BEGINNING "C"; thence leaving said curve, S 16'32'19" E 48.84 feet; thence S 73"27 '41" W 20.00 feet; thence N 16'32'19" W 48.63 feet to the southerly right-of-way of said Road Survey No. 1534, said point being on a curve concave northwesterly and having a radius of 2,050.00 feet, a radial line to said point bears S 16'51'43" E; thence along said curve through a central angle of 0'33'32" an arc length of 20.00 feet to the TRUE POINT OF BEGINNING "C". Together with the following described portion of said Lot "H": Beginning at a point on the southerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County, know as Palomar Airport Road, at Engineer's Station 51+78.49 Ahd., E.C.; thence along said southerly right-of-way N 70"46'53" E (N 70'45'53" E per said R.S. 1534) 283.76 feet to the TRUE POINT OF BEGINNING 'ID"; thence leaving said southerly right-of-way, S 20"16'45'' E 56.40 feet; thence N 69'43'15" E 20.00 feet, thence N 20'16'45" W 56.03 feet to said southerly right-of-way; thence along said southerly right-of-way, S 70"46'53'' W 20.00 feet to the TRUE POINT OF BEGINNING "D". DLW/se 268-01-1 (~)347.74 Page 2 of 3 .- i " '. . .* _I . 8 .*I 0 a. :J 22 Together with the following described portion of said-bot "H": Beginning at the northwesterly corner of Parcel "A" of Parcel Map No. 2993 on file in the office of the County Recorder of said County, recorded August 23, 1974, said point being on the southerly right-of-way of Road Survey No. 1534, on file in the office of the County Surveyor of said County, known as Palomar Airport Road; thence along said southerly right-of-way, S 70'46'53" W (S 70' 45' 53" W per said R.S. 1534) 34.75 feet to the TRUE POINT OF BEGINNING "E"; thence leaving said southerly right-of-way S 19'30'03" W 67.14 feet; thence N 70"29'57" W 20.00 feet; thence N 19"30'03" E 51.11 feet to said southerly right-of-way; thence N 70'46'53" E 25.63 feet to the TRUE POINT OF BEGINNING "E". Together with the following described portion of said Lot IIH": Beginning at a point on the southerly right-of-way of Road Survey No. 1534 filed in the office of the County Surveyor of said County, known as Palomar Airport Road, said point being at Engineer's Station 43+46.41, B.C. per said R.S. 1534, said point being at the end of a curve concave northwesterly and having a radius of 2,050.00 feet; thence along said southerly right-of-way N 87'49'13" W (N 87'50'28" W per said Road Survey No. 1534) 1,282.87 feet to the TRUE POINT OF BEGINNING "F"; thence leaving said southerly right-of-way S 0'23'17" E 205.61 feet to the beginning of a tangent curve concave easterly and having a radius of 88.00 feet; thence southerly along said curve through a central angle of 16"OO'OO" an arc length of 24.57 feet; thence tangent to said curve, S 16"23'17" E 145.95 feet; thence S 73"36'43" W 24.00 feet; thence N 16"23'17" w 145.95 feet to the beginning of a tangent curve, concave easterly and having a radius of 112.00 feet; thence northerly along said curve through a central angle of 16'00'00" an arc length of 31.28 feet; thence tangent to said curve N 0'23'17" W 206.68 feet to said southerly right-of-way of Palomar Airport Road; thence along said right-of-way, S 87'49'31'' E 24.02 feet to the TRUE POINT OF BEGINNING I'F". DLW/se 268-01-1(~)347.74 Page 3 of 3 2 .'* p 40'. 0 < .- '.*: *' .i. fi' ' r/ 23 " "7l"" ii (N 07"50'20" k/ &'Om %I"W W PER A, f*tBC~ m -#" " R.S. 1534) C.5 1934 N07'49' 31"W 36.72' 587"4Ci'31"E 2O.m' w9-r. S'LY R/w 3 ~" - APN 2\I-040-08 N OBO IZ' 14" W 20.00' FGlU AGUA J-JcDI~~Iw'' ll- MAP bI9. 323 APEATD BE AQUIRED SHOWN m 1% ftZ = 0.04 u. EXH It3 IT ' B' I I ~~ ~~~ ~~ ~ ~~~~~~~~ !!m!mwmmw CrW OF CAF2lseAo ASSOCIA~ES ACQUISITION PLAT CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 $519) 576-9200 Job No. 26@& i 01987 POUNTNEY 8. ASSOCIATES, INC Date: 4/30/87 By: EuNL Sheet I Of 6 Shee 5T&M b1t4 b%MEUT m I ’. 4 ::“ 0 -. 0, 1 r/ 24 I ‘‘I &‘ I / ------”- 1 I t I 1 1 I 1 bPb/ 211- 040-08 PIPEP TO E I AUlJIRW -5ttmhJ m llS7.07 Ftz cL 0.03 G. LzPWk W.@ PUR !-UT El F+D A\G!JA\ rLD~U~IL’L’L’L’L’L’L’L’L’L’L’L’L” Ir‘ h/lL\P J\I 3, 023 mtli0l-r \I P B@V!WWBIBW CN‘( OF LARL5EAD &BZM RAfd a+EP/IEdT ASSOCIATES ACQUISITION PLAT CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (619) 576-9200 Job No. f@-Ok 01987 POUNTNEY & ASSOCfATES, INC Date:q/m/@/ By: PumL SheetZOOf 6 She( > ~~ ~ ., : *I 0 ,-.I 0 : v 25 ["r, 40' 7 4 S-Ph, Ifs ".SOP /!, \ @- $? g / p %/'@ . \ \ U = 2050.00' Lp 64.32' , . 573027 '41" w 20.00 1 t?= 2050.00 . L z 20.00 AREAYQ BE ALiS2UlRED swh)\ 3 m< LC7-r J-J F+D AG!JA\ rl~Dlc31\JD/\ Ir' J\/JAF.' IID. 823 .474,37 .bP s 0.ozPc. ,APN 21 I-040-00 ~@Bmwm!!!!l?!7 GW OF cAeLsmD ASSOCIATES ACQUISITION PLAT CONSULTlNG ENGlNEE RS 4455 MURPHY CANYON ROAD, SUITE 200 G70etvl %Id a5EMEdT . Date: 9/30/87 By: 13. WAClL Sheetaof 6 Sht 01987 POUNTNEY CQ &SOCIATES, INC EWfB17 ' 0' SAN DIEGO, CA 92123 (619) 576-9200 Job No. 2b6-01 & _e . e .. < - .. : L 26 0 ,' .% . I".# I I I / / / / I z0.m ' rnR Dr El F+D AGUA ~JLDICN Ir' b!lr\2 u- bl CL 823 ACmU t ED AN ZI1-040-0h [[@.?&tZ = 6.03e. Y? P , !I?\ L EXk\ 1617- " 6' @c,m!!vwrnmr LITY OF CARLSBAD GToRM RAld EA5EME(\l7- ASSOCIATES ACQUISITION PLAT CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (619) 576-9200 Job No. 26f3-0I-I 01987 POUNTNEY & &SOCIATES, INC Date:9/3n/87 By: D.W,~HL Sheet4Of 6 Shea *. 4 .: F- - I e - e .. " 27 :I ACQU1PEV 5HQwd &\' PEA TO BE \I&2.46Ftz = 0.03 pc. 1 / I w ./ RfllLZ .. 6- LTIUE;- %Itdl OF EG5lhJLlILlG YE"'. PQF( LO" rJ I f.' J\/1 2993 J\/J/JF.' 1\10 823 PC3.R FAKE! FU-J~ A\WA FJEDJu~IDA\ J- I\ wcH101-r I0' B@@rnWrnrnW I ASSOCIATES I ACQUISITION PLAT CITY GF C&?LS%.Q CONSULTING ENGINE E RS 4455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92723 (679) 576-9200 Job No. @3-Ol-\ 01987 POUNTNEY 8 BSSOCINES, INC Date:4/30/87 By: Vwp-HL Sheet ljOf 6 She€ 5~0uh.4 mAIN EJSEMEUT ~~ .. - * .,* , - 4". '9 I, 4B 4 ' ". . 1 I "= 40 ' * " 2'8 1 A I i ILW MA1 nL11- jruYA-_ - -1 F- ~-~\L.UM&\~C( LC\IKPORT Rmw 01 01 1 I I I 4 KOAo WE- dQ 15% K=2~0l-;"--n , j A = 16:o~'oO'' F? = 112.00' P9R !-UT G WCU, L'\G!J!\ ~ILDJQ\ID!\ Il- .MA? 1\19. 823 ,&pH 21 I-OU-OD AMW 10 OEKQUIMEX) 473"36'43"w 9LIOWN D qlm, 45 FtZ = 0.21 bt. rnHI01-r '0l I @@BrnWrnl,l5 CITY OF CARL913Ab A~SOCIA~LS ACQUISITION PLAT g"rRt4 t7tQLzf)J WEMEi47- CONSULTING ENGfNEERS 4455 MURPHY CANYON RCMD, SUm 200 01987 POUNTNEY 8. ASSOCIATES INC Date: 9/30/07 By: 0 WALL Shoot 60t 6 Shee SAN DIEGO, CA 92123 (619) 576-9200 Job No. 26@-o\-I 6 ,\ I;: .'. (1 )i t 'Y * &"& Gy ,- ' ,':; "/5 /e' . i