The URL can be used to link to this page

Home My WebLink About; CARLTAS CO.; 88-463313; Easementrk *. ' RECORDING REX VJ * 1" * ~ ' matt uw ntu WHEN' RECORDED, PLEASE MAIL THIS INSTRUMENT TO: 3 CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 ? 0 49 e 88-463313 r RECGRDED IN- OFFICIAL RECORDS OF SAN DlEGO COUNTY, CA. 1988 SE? 1 5AhI8:OI L VERA t. LYLE COUNTY RECORDER - I p1.0 FEE NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT DRA I NAGE Assessor's Parcel NO. 211-021-19 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 i nstal 1 at i on, construct i on, maintenance, repai r , rep1 acement , reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE channel and a1 1 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 con'vey 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. ,$ 1'. t e ? 0 5@ .' fhe 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 installed 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 pri vi1 ege to use the above described 1 and 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 'COMKM a, California Limited Pdership 1 0 STATE OF California )ss. ,@ County Of Sari Diego 1 .r * an . June 24 , 19 88 before me, the undersigned, a Notary Pub1 i c in d,nd for said County and. State, personally appeared I Paul Ecke, Jr. personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same, Witness my hand 'and official seal. 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, California pursuant to Resolution No. JjNJdyadopted on d-g~(/ 19 /yf/ , and the Grantee consents to recordation thereof by its duly'authbrized officer. Dated 7-d 0 -8r" BY &LtL /A- ALETHA L. RAUTENKRANZ, City C1 ehk 4 Q. 0 1 y -0 52 STATE OF CALIFORNIA } ss. COUNTY OF SAN DIEGO 1 On June 24, 1988 , before me, the undersigned, a Notary Public in and for said 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 General partner (s) , on behalf of __ Carltas Comanv, a California Limited Partnership, the partnership therein named and acknowledged to me that the partnership executed it WITNESS my hand and official seal. signature &W t - ,- .. .\ .- '" * Ji 9 .. e e 7 0 52 ... ._ EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel No. 211-021-19 All 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 Cal i forni a, bei ng more particul arly described as fol 1 ows : Beginning at a point on the northerly right-of-way of Road Survey No. 1534 on f i 1 e in the offi ce of the County Surveyor of said County , known as Pal omar Airport Road, at Engineer's Station 43+46.41 B.C.; thence along said northerly right-of-way, N 87"49'31" W (N 87'50'28" W per said R.S. 1534), 37.38 feet to the TRUE POINT OF BEG1NNING"A"; thenc~e leaving said northerly right-of-way, N 1'47'46" E, 82.62 feet; thence N 88'12'14" W, 20.00' ; thence S 1'47'46'' W, 82.48 feet to said northerly right-of-way; thence along said northerly 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 "Hi': Beginning at a point on the northerly right-of-way of Road Survey No. 1534 f i 1 ed 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. as shown on said R.S. 1534, said station being at the end of a curve, concave northerly and having a radius of 1,950.00 feet; thence easterly along said northerly right-of-way and said curve through a central angle of 7"28'26" an arc length of 254.37 feet to the TRUE POINT OF BEGINNING "B"; thence leaving said curve N 13°44'00" W, 63.23 feet; thence N 76'16'00" E, 20.00 feet; thence S 13'44'00" E, 66.09 feet to the northerly right-of-way of said Road Survey DLW/se 268-01-1 (~)347.75 Page 1 of 3 *. r- :. .*. s -0,- I A. '- * d-. I"= 40' 0 . f. . VI8 %-I9 -J I 0-r i-I AGUA rlc,UI It- CNVU+\ h/lk\P bl9. 3 23 APN ZII-021- I4 S 0" 03' 16'' W 35.55' (N 0"02'02"€ P&K J7.5. 1534) N29"30'03"E 43.01' /" AQEA TO @E ACQUIREQ SHOWN m- 254.57 CtZ = 0.~6 u. EXHIBIT 'B'., r' I B@@rnWrnrn?!!Y .. CITY OF CARL5-D ASSOCIA~E~ ACQUISITION PLAT 1 CONSULTING ENG/N€ERS 570RM mIt4 E45EbAEflT 4455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (619) 576-9200 Job No. 266-01- 01987 POUNTNEY 8 ASSOCIAJ€S, INC Date: 9130187 By: CIWAHL Sheet LOf b She' ~~ ., .* p L 0 18 53 .- No. 1534; said point being on a non-tangent curve, co);cave northerly and having a radius of 1,950.00 feet, a radial line to said point bears S 05'53'34" E; thence westerly along said curve through a central angle of 0'35'37" arc length of 20.20 feet to the TRUE POiNT OF BEGINNING 'IB". Together with the fol1 owing described portion of said Lot "H" : Beginning at a point on the northerly right-of-way of said 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 51t78.49 Ahd., E.C., said point being at the end of a curve, concave northerly, and having a radius of 1,950.00 feet, a radial line to said point bears S 19'13'07" E; thence westerly along said northerly right-of-way and said curve, through a central angle of l"56'27" on arc length of 66.05 feet to the TRUE POINT OF BEGINNING "C"; thence leaving said curve, N 21"OO'OO" E, 75.62 feet; thence N 69'00'00" W, 20.00 feet; thence S 21'00'00" W, 91.19 feet to the northerly right-of-way of said Road Survey No. 1534, said point being on a curve, concave northerly and having a radius of 1,950.00 feet, a radial line to said point bears S 16'31'59" E; thence easterly along said curve through a central angle of 0'44'41" an arc length of 25.35 feet to the TRUE POINT OF BEGINNING "C a# 0 Together with the following described portion of said Lot "H": Beginning at a point on the northerly 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.; thence along said northerly right-of-way N 70'46'53" E (N 70"45'53" E per said R.S. 1534), 282.51 feet to the TRUE POINT OF BEGINNING "D"; thence leaving said northerly right-of-way, N 20'16'45" W, 67.59 feet; thence N 69'43'15" E, 20.00 feet, thence S 20'16'45" E, 67.96 feet to said northerly right-of-way; thence along said northerly right-of-way, S 70'46'53" W, 20.00 feet to the TRUE POINT OF BEG INNING "D" . DLW/se 268-01-1 (~)347.75 Page 2 of 3 ., .. 0 *, 0 54 p ,. I) Together with the following described portion of said.'iot 'IH": Beginning at a point on the northerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County , known as Pal omar Airport Road, at Engineer's Station 43+46.41, B.C.; thence along said northerly right-of-way N 87'49'31" W (N 87'50'28" W per said R.S. 1534), 418.16 feet to the TRUE POINT OF BEGINNING "E"; thence leaving said northerly right-of-way, N 18"30'00" E, 92.37 feet; thence N 71"30'00" W, 20.00 feet; thence S 18"30'00" W, 98.40 feet to said northerly right-way; thence along said northerly right-of-way, S 87'49'31'' E, 20.84 feet to the TRUE POINT OF BEGINNING "E". Together with with following described portion of said Lot "HI': BEGINNING at a point on the easterly line of said Lot "H" at its intersection with the northerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County, know as Pal omar Airport Road; thence along said northerly right-of-way S 70'46'53" W (S 70'45'53" W per said Road Survey 1534), 15.17 feet; thence leaving said northerly right-of-way, N 19"30'03" E, 43.01 feet to the easterly line of said Lot "H"; thence along said easterly line, S 0'03'18" W (S O"02'02" W per said Road Survey 1534), 35.55 feet to the point of BEGINNING. DLW/se 268-01-1 (w) 347.75 Paqe 3 of 3 " ' ,# ' . 0 ?@ 56 1 11s 40' / %-lo ?OF< LOT '\GUA J-lL i\/l A P bl Q It- f l-J DlcLbl 823 DA AN 211-021- 14 TWUE POINT -P"&%""- Kt;. 153$ I I $1 I I d- - - - ______tL_ I "/ APEA TO BE AcQUltiElr, ShOWN m \651c00FP a 0.04~. EXClI0l-r ' 0' ~~ ~ ~ -~~~ ~~~ ~~ ~- @@@rn@rnrnW C\TT' bF C&RL+E%W ASSOCIA~ES ACQUISITION PLAT *OEM @AI& =ME~JT CONSULTING ENGINEERS SAN DIEGO, CA 92123 (619) 576-9200 Job No. 268-01- 1 4455 MURPHY CANYON ROAD, sum 200 ~~ 019a7 ~ POUNTNEY 8, ASSOCIATES, INC Date:q/m/87 By: 12NAflL Sheet 1 Of 6 Shee e 7 0 57 0 IIL 40' .I 1.j : * . Pr32 m-r kl F+JQ AGUA rlcDICND/ Ir- fi-JAF) big. 323 APN 21i-OZt - 14 I I /-- I ",_c... "5 ' q PW ! A " - I APEA TO DE ACQUIRED SHOWJ m 12@.%rt2 s 0.03 AG, EXHlB IT ... !B. __ . 1 @@Bm@mmr C1T'f OF c-NZlGWAD ASSOCIATES ACQUISITION PLAT ~~ ~ - CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 01987 POUNTNEY d ASSOCIAKS, INC Date: 9/30/07 By: DWAHL ' Sheet 20f 6 She( 5-m~ DZAN E4s~~d-r SAN DIEGO, CA 92123 (619) 576-9200 Job NO. 266-Ol-I e iu 511 Pr32 L9-r ti rr(HT3 AWA rlcDlOblDA Il- b/l$\P bI9, 323 APN 211-021-19 01 y.40' AREA TO BE. ACQUIQEP SHOWhJ m 1fh%.80 flZ 5 0. WAC,. EXHIBIT ' I31 I ~~ ~ _~"~~~~ ~~-~ ~ ~~ ~~.~~~ I @@Bm@mmw &Tf of &IZL5E%P ASSOCIATES ACQUISITION PLAT CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 01987 POUNJNEY 8, ASSOCMTES, INC Date: 4/30/87 By: V.WAHL ' Sheet 3Of 6 She *okW m\d Ek€MEdT SAN DIEGO, CA 92123 (619) 576-9200 Job NO. 268-01- r I '. '$ ,* *. , e '? 0 59 e 1 11': 40' 4. Pr38 L9-r Fl MA? /r 1\19 323 r'( I-] 9 AG UA rl IL, Dl ON !I/!\ Il- APN 211-021-19 Iv &7"43'rg"E \ / \ // ',/>$ e&< e$, 5 -&l/ j *@ PT\-p 0- "o.& 3-F '0 D-Q-2- APEA TO BE ACQUIREt7 SHOWN EZJ 14G/i.%%'tz = 0.03 bc. EJHtDIT ID''.." B@Bmwmmw I LITY OF CAUt50AD ASSOCIA~ES~ ACQUISITION PLAT CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUE 200 SAN DIEGO, CA 92123 (619) 576-9200 Job No. 260-01 I G-rORM DRAW EA~EME~T mlOR7 Df7I IhlThllZV 9 ACCCArtATtC lhlr Dater qhOk7 Bvr DWAHl- sheet 4 Of C, ShG r-;, $. r. .. 9 '- io 6 @ ** , - "" - ENGINEEK9 5TbTIOtJ - PER KOA3 : 0 4344&4.1 B..C d- WWEY 14.10. I! It - - - ~~ 8 Q! - - 50' - 50' " d PUFj LOT 1-1 r'( f-1~ AWA I 0 fi MAP hl9. 82-3 rl LD J C31\1D!\ - z I? Ii ,WN 21 1 - 021 "I9 Q 8 ID (? 3 E11 3 - ow 8 ;E' I d 3 a 3 z? 2 i.8 m d-0 6: @< 2x - - 3& 2i 3 .AREA TO BE ,&CG)UIREt? Or 5LIOWN -1 9L 1409.42 R"l- 5 ~04 PC. 1\171 O 30 '00 "W 20.00 ' ~@@dluwmu'$v CITY OF -RL9#kO ASSOCIAIES ACQUISITION PLAT STORM DtQL?.lbJ €.A%5MEhl-T CONSULTING ENGINEERS 4455 MURPtfY CANYON RWD, SUITE 200 SAN DIEGO, CA 92123 (6l9j 576-9200 Job No. 260 -01- I=XtlI1317 'Dl 01987 POUNTNEY c1 ASSOCINES INC Date: 9/40/07 By: 13. WAUL Shoat 5 01 6 She4 0 * .' e "-"sis"%'& ' %r i;, 111 3 /e 8d ; I'