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Home My WebLink About; ECKE, PAUL; 88-463306; Easement- *. .. ?, ~y"y~~!jlG RZQL'E " 'e :p,: .,, . . . .-,.,: . ' ; !!::;> T"I"1 ZCXk... w ry sap; k 'WHEN RECORDED, MAIL TO: CITY CLERK CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 NO TRANSFER TAX DUE -. d 1 1 1 1 1 1 1 1 1 88-4633016 1 0 Gl%fF\:?d$F/ \ OF SAM DIEGO CCUNTY, CA. 1988 s E ? I 5AMa:oFg NO FEE SPACE ABOVE FOR RECORDER'S USE EASEMENT FOR OPEN SPACE Assessor's Parcel NO. 2 1 2-041 -05 Project: Palomar Airport Road PAUL ECKE, SR., Trustee of the PAUL ECKE, SR. TRUST dated September 8, 1983, 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 himself and his successors and assigns as follows: (a) That he 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 he shall not use the subject land for any purpose except for open space purposes; (c) That he shall not excavate or grade, or permit any excavating or grading tG 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; ///' / ,/ i a\ c i' -7 - .. ; .\\\ i' d ., ' ".,. 'Z., 4;.,,. ,/' %\" * .I ,. - -w e nd R (dl 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 easement(s1 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(ies) 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 IIB", each made a part hereof by reference. There is reserved to 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 -2- *. . , s;J e n #dez 'rights and privileges herein granted. Executed this 27th day of June , 1988. P& euac. ,L. AUL tCKE, SR. Trustee of the PAUL ECKE SR. Trust dated September 8, 1983 STATE OF CALIFORNIA ) ) ss: COUNTY OF SAN DlEGO ) 1 On , 1988, before me, the undersigned, a Notary Public in and for said County and State, personally appeared PAUL ECKE, SR. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. WITNESS my hand and official seal. * '" Notary Pub1 ic I$. THIS IS TO CERTIFY that the interest in real property conveyed by r the foregoing Corporation Grant Deed to the City of Carlsbad, a munic- b ipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No. /fl#d#y adopted on LTu~~ /9; /yff , and Grantee consents to recordation thereof by its du4y authorized officer. Dated : 7 - 40 -8d LI4d.w ALETHA L. dU8- City Clerk 1 , * =' STATE OF CALIFORNIA Jss. 2 COUNTY OFLDTECX)"! n J 13 c E- 0 on--~June211988 -,before me, the undersigned, a Notary Public in and for - a said State, personally appeared-, ST. : 111 hui-mpacfi-sTte-e- ._ 5 c .~__ """"""" ~"~ m 0 ._ L ~~"___"_~___ """_ ~.__- E a ..""~_________"""", .+ .? personally known to me (or proved to me on the basis of satis- -.. I ~. . . r_,._. -X'>."=,-.:: ".. .27"----- ~ U % factory evidence) to be the person(s) whose name(s) is/aresub- 3 1 OFFICIAL SEAL JOYCE E. MEEK 1 0 , scribed to the within instrument and acknowledged to me that 8 Notaw Publk-Caiifomta II U ._ c he/she/they executed the same. ? WITNESS my hand and official seal. s W-DIEOO COUNTY - - si- aann.EXp.Jan.1991! I 7- 0 0 PI Signature +Le.+. (This area for official notarial seal) # .3 . ,. " .. > "liJ': " @ en i ? 14 EXHIBIT "A" Assessors Parcel No. 212-041-05 A1 1 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 Parcel 1 of Parcel Map No. 6331, fi 1 ed in the office of the County Recorder of said County September 8, 1977, said point also being on the northerly right-of-way of Palomar 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; thence 1 eaving said northerly right-of-way line, N 20'16'45'' W 47.42 feet to the TRUE POINT OF BEGINNING; thence N 69'43'15" E 17.00 feet; thence N 20'16'45" W 25.00 feet; thence S 69'43'15" W 64.00 feet; thence S 20'16'45" E 25.00 feet; thence N 69'43'15" E 47.00 feet to the TRUE POINT OF BEGINNING. DLW/se 268-01-1(W)385.29 e . * .,c.t, :. ‘P *: ’*, .~ 9 [”=@‘ ? d f5 A, r PA\F< J I ~ \/I I\ r,, I PA\FKE!- L-i J PDF< LDT G AI r\ GZ?. 2. I X f-I 0 /\G !J/\ .,--I& 1 ONLY!\ It- J ’J ’d NdJ MA i) J\JD 323 APN 2 12-041- 05 . fi Q” p0b.Q -”-- ONbQ A@ - pE%3T / 4 L ”----- ed /-- - I AKEA TO BEACQUlREP SHOWN vza 1,600fS = 0.04 AC I EXHMIT ‘b’ 1 .m@@mwmmw CITY OF CAAL+0Ap ASSOCIATES ACQUISITION PLAT CONSUiTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 OPEN SPACE EA5EMENT SAM DIEGO, CA 92123 (679) 576-9200 Job No. 2b&oI- I TOR^ Dm IAITAIFY R ACC~PATFC IN^ Date: 9/.10/~7 Bv: n L/AN Sheet 1 Of 7 She '. _, . " -. ~ ., . i ,> @ 9 .? 7 * QqjfQ.$Ly '- .'7* s I qk/a' , '6