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Home My WebLink About; CARLTAS CO.; 88-463311; Easementt. , ?; I ,- .. ORDING REQUESeW 0 88-46331 I ., >q I frj q @fi&&qqJ (3nm#mm. F 0 39 WHEN RECORDED, MAIL TO: 1 1 CITY CLERK 1 CITY OF CARLSBAD 1 1200 Elm Avenue I Carlsbad, CA 92008 1 \ 1988 s E ? 3 5hhq df:& ERA k. LYLE UkTY WECQRCER - I 1 w FFE NO TRANSFER TAX DUE ) SPACE ABOVE FOR RECORDER'S USE - EASEMENT FOR OPEN SPACE Assessor's Parcel NO. 212-040-08 Project: Palomar Airport Road CARLTAS COMPANY, a California Limited Partnership, hereinafter designated Grantor, does 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: 1) A perpetual easement for open space over, upon, across and under the subject land upon which no building, structure or other thing whatsoever shall be constructed, erected, placed or maintained on the subject land except as may be permitted by written permission of the Grantee; 2) The perpetual right, but not the obligation to enter upon the subject land and remove any buildings, structures or other things whatsoever constructed, erected, placed or maintained on the subject land contrary to any term, covenant or condition of this easement. Grantor covenants and agrees for itself and its successors and assigns as follows: (a) That it shall not erect, construct, place or maintain or permit the erection, construction, placement or maintenance of any building or structure or other thing whatsoever on the subject land other than such building, structures or other things as permitted by written permission of the Grantee; (b) That it shall not use the subject land for any purpose except for open space purposes; (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 what- soever on the subject land without the written permission of the City of Carlsbad or its successors. or assigns; /S====="=Q I\ \A' /i ,../ \, -1 - '< / __*I I *.* - .' e 7 -1) 49. $. (d) That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceed- ings in the Superior Court of the State of California. The grant of this easement and its acceptance by Grantee 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 land may be put. This easement shall bind the Grantor and its successors and assigns. That within said open space easement, the subject area will be left in natural state for the protection of endemic biological resources, and no clearing or removal of any vegetation shall be permitted except hand brush clearing for fire protection purposes by written order of the office of fire services coordinator within said open space easement, and except as for landscaping and the placement of drainage structures and associated rip-rap within said open space easement, without the written authorization of the City of Carlsbad, its successors or assigns. Grantee, its successors and assigns, shall have the right to convey said easement, or any portion of said easement, to other public agencies. If a substituted open space area(s) is/are designated on the real prop- erty 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 easementcs) and right of way required for said substitute open space is granted to Grantee, which in the sole discretion of the City of Carlsbad will pro- vide an equivalent easement(s) and faciIity(ies1 for open space 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" and the attached Acquisition Plats, designated Exhibit "B", each made a part hereof by reference. There is reserved to Grantor, its 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 - -L- .?. ".- e ? 0 411) , .* * . t. 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 Limited Partnership STATE OF CALIFORNIA ) ) ss: / COUNTY OF SAN DlEGO ) 1 / / I i 1 On June 24 , 1988, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Paul Ecke, Jr. , personally -known- to me (or proved to me on the basis of satisfactory evidence) to be the person that executed the within instrument as '~ener-1 Partner(s) on behalf of CARLTAS COMPANY, the partnership therein named and acknowledged to me that the partnership executed it. WITNESS my handand official seal. L &&34&j 4" dkyuJ Mary Mne Moyer Notary Public MARY ANNE MOYER NOUV P&kA"mla Prlnlcpai Omce m Comm Erp. Fob. 7.1992 THIS IS TO CERTIFY that the interest in real property conveyed by the foregoing Corporation Grant Deed to the City of Carlsbad, a munic- ipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No. &)7-J/q adopted on its duly autKorized officer. \ Tu411 19, /q// , and Grantee consents to recordation thereof by Dated : 7-2 o -W ALE L242ZAdRy I HA L. RAU I ENKRANZ City Clerk DK:MDDCT4/061588f -3- f.,, , y ,I .$. \. *. e 0 * 0 42 4 EXHIBIT "A" Assessors Parcel Nos. 211-040-08 All that portion of Lot "H" 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 easterly line of said Lot 'HI, said point being at the point of intersection with the centerline of Road Survey No. 1534, filed in the office of the County Surveyor of said County, and shown on Record of Survey Map No. 5715 filed in the office of the County Recorder, December 19, 1960; thence along the easterly 1 ine of said Lot 'H' S O"03 '18" W (S O"31'16" E per Record of Survey Map No. 5715) 51.38 feet to the TRUE POINT OF BEGINNING; thence leaving said easterly line S 69'43'15" W, 472.26 feet to the beginning of a tangent curve, concave northerly and having a radius of 2,313.00 feet; thence westerly along said curve through a central angle of 20'56'49" an arc length of 845.62 feet; thence leaving said curve, non-tangent S 73"30'00" W 410.00 feet; thence N 87"OO'OO" W 173.00 feet; thence S 45"OO'OO" W 18.00 feet; thence S 87"OO'OO" E 126.00 feet; thence S 68"45'00" E 142.00 feet; thence N 64"OO'OO" E 111.00 feet; thence N 71"OO'OO" E 104.00 feet; thence N 55"OO'OO" E 76.00 feet; thence N 73"OO'OO'' E 33.00 feet; thence East 100.00 feet; thence N 63"OO'OO" E 50.00 feet; thence S 82"OO'OO" E 110.00 feet; thence N 32"OO'OO" E 53.84 feet; thence S 47"OO'OO" E 43.62 feet; thence N 79"OO'OO" E 300.00 feet; thence N 76"OO'OO" E 134.00 feet; thence N 7O"OO'OO" E 242.00 feet; thence N 72"OO'OO" E 107.00 feet; thence N 63"OO'OO" E 123.00 feet; thence N 7O"OO'OO" E 47.00 feet; thence East 60.00 feet; thence N 63"OO'OO" E 21.05 feet; to the easterly line of said Lot "H"; thence along said easterly 1 ine N OO"O3'18" E (N OO"31'16" W per said Record of Survey No. 5715) 39.05 feet to the TRUE POINT OF BEGINNING. DLW/se 268-01-4(~)385.19 *. i .v. 44 PAKCELMAP NQf 823 f3m"o3' lBU w 51/38' 7KUE /?7InfT- GF DEiGl~Mlld6 APN 21 1-040-08 AKEA TO BE ACQUIRED SHOMN = 63,eS.F. = 1,467 ACF?!% . EXHIBIT%' 5/3 f/ss I CONSULTING. ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 m1on7 pnl IAITAIFY R ACC~~ATFC IN^ Date: 5/G/AA BY: n WAUI Sheet I Of I She OPEN SPACE EA5E"ENT SAN DIEGO, CA 92123 (619) 576-9200 . Job NO. ZLB-ol' .* e * 3% GAL& ': T,., n, ib, /& ' ?I . ,q .. .. ..