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Home My WebLink About; ECKE, PAUL; 88-463305; Easement- ,' *, ECORDING REQUESTED \'. '' , " A M!ON LANO nTiE cDNl?AW 'y) e r WHEN RECGRDED, PLEASE MAIL r\ THIS INSTRUMENT TO: I c CITY CLERK <I 88-463305 pk?2FDREpcoIq OF SAN DlEGO COUNTY, CA. CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 1988 S E P B SAM 8:OO Louw RECORDERA VERA e. LYLE NO FEE NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT DRAINAGE Assessor's Parcel Project NO. 212-041-05 Paul Ecke, Sr. ,. Trustee of the Paul Ecke, Sr., Trust dated September 8, 1983, 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, reconstruct ion and inspecti on of an enclosed or unenclosed fl ood 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" and the attached Acquisition Plats, designated Exhibit "B", consisting of 2 sheets, each made a part hereof by reference. m @ w .. .. -. .$ e - . I' a e : 0 n I. ti EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel No. 212-041-05 All that portion of Lot 'GI of the Rancho Agua Hedionda according to map thereof No. 834 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 .westerly line of said Lot "GI' at its intersection .. with the northerly right-of-way line of Road Survey No. 1534, on file in the office of the County Surveyor of said County; thence along said westerly line N 0'03'18'' E (N 0'02'02" E per said Road Survey No. 1534), 35.55 feet; thence leaving said westerly line, N 19"30'03" E 32.71 feet; thence S 70'29'57'' E 20.00 feet; thence S 19"30'03" W 59.69 feet to said northerly right-of-way line; thence along said northerly right-of-way " line, S 70'46'53'' W (S 70'45'53" W per said Road Survey No. 1534), 10.46 feet to the POINT OF BEGINNING. Together with the following described portion of said Lot "G": Beginning at a point on the . .- westerly 1 ine of Parcel 1 of Parcel Map No. 6331, filed in the office of the County Recorder of said County September 8, 1977, said point a1 so being on the northerly right-of-way of Pal omar Airport Road according to Road Survey No. 1534 on file in the office of the County Surveyor of said County; thence along said northerly right-of-way " S 70'46'53'' W (S 70'45'53" W per said Road Survey no. 1534), 20.17 feet to the TRUE POINT OF BEGINNING; thence leaving said northerly right-of-way line, N 20'16'45'' W 47.42 feet; thence S 69'43'15'' W 30.00 feet; thence S 20'16'45'' E 46.86 feet to said northerly right-of,way line; thence along said northerly right-of-way line, N 70'46'53'' E 30.01 feet to the TRUE POINT OF BEGINNING. DLW/se 268-01-1(W)347.82 e: a e d.. 0 ,. . ’ The. Graitee shall have the right to fence all or any portion of said easement hercin 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 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 27th day of el,,ne 9 1988. Pa& Wh.. -xu1 Ecke, Sr . Trustee, UTA d2ted J-5-33 . ... . r a4 STATE OF )ss. % County of 1 a On 3 19- , before me, the undersigned, a Notary Public in and for said County and State, personally appeared 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. ! 1 Witness my hand and official seal. Notary Public in and for said County and State 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. B-&&adopted on J&c/ /7, /qfp , and the Grantee consents to recordation thereof by its duly auth6rized officer. Dated 7-2.0-s-d BY bk2zL ALETHA L. RAUdNgA-hk L k I ++ i SS.. .:. ._ *. i. ~ * FOR "I 10 -r G ,\L_&' '. ' I FLl-JcV, AGUA J-JLDJCNDY!\ It I I r"l J 9 e _. ?!\R J PA RE 1. MA 7 NO gaa.I r") -1 .MA\ F" J\lU 82-3 APN 212-&f-05 i, / I AREA ro BE ACQUIREP EXHlBlT'B' REV LL REV+/, I ~-~~~"~.~ ~~ . wl ~AJSOCIATCS~ ~~ Cnr' OF CAfZL4€%0 ACQUISITION PLAT I CONSULTING ENGINEERS 4455 MURPHY CANYON KMD, SUITE 200 G7-M Dabl EPhEN1EMT Date: 9/3~/$37 By: L). LV/AHL. Sheet ZOf 2 Sh 01987 POUNTNEY 8 &SOUAT€S, INC SAN DIEGO, CA 92123 (619) 576-9200 Job No. 'Lb~-o] 8 e I .. e tEW$%. . -A+ %%5/ez.y . . c r'9: i ,+'.