The URL can be used to link to this page

Home My WebLink About; HUNTINGTON BEACH CO.; 88-611270; Easement., . \'?. 8 ' e-v- ,/ ,"RECORDlNG REQUESTeY , UNiON LAND TITLE CO. ~. 0 2317 0 .< * * WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 4 88-6112'i'O FiRzf:;?;aq OF SAN DIEGO COUNTY, CA. 1988NQV 3 0 AM840 c LYLS NO FEE - "d RSQMhJ . . ........ NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY ~~~~~~~~~ F,NSFER TAX $2 EASEMENT &cG iL* DRAI NAGE UNOM LAND TITLE OMPAJq f? Assessor's Parcel NO. 212-041-03 Project HUNTINGTON BEACH COMPANY, a California Corporation, 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 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 convey said easement, or any portion of said easement, to other pub1 ic 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 Plat, designated Exhibit "B", each made a part hereof by reference. n w L ,, ,: .. t- .* * ' - i , 0 0 2318 0 The Grantee shall have the right to fence all or any portion of said easemMt herein conveyed within wfiid'l there is installed or mnskm&ed an unenclosed flood binage channel. Ihe Grantee, its SUCC~SSOIS and assigns, shall be responsible for aperating, maintaulllsg , and keeping in good repair the above described works of improvement. .. The Grantor, his SUOC~SSO~S ard assigns, reserves the right to enclose in a mnner approved by the Grantee, its SUCC~SSO~S and assigns, any portion of an unenclosed flood drainage d.lannel provided such enclosure is crxlstructed or installed by a licensed contractor in accordance with plans and specificatiors approved by and to the satisfaction of the Grantee, its SUCC~SSO~S and assigns. Grantee shdll not unreasonably withhold such approval. In granting its conditions, inclucthq, but not limited to, the filing by the contractor or Grantor of an adequate perfonnance bord to guarantee aanpletion of the work. There is resenred to the Grantor, his SUCC~SSO~S and assigns, the right and privilege to use the above described land of the Grantor at any time, in any ~~nner and for any purpose not inconsistent with the full use and enjoyment by the -tee, its successom and assigns, of the rights and privileges herein granted. Exeaked this /q* day of & 'bi. 6 czj F, iy &, Iflow ? - 7 ... L'::!, \ \.. \ \ -1 ~ ~~~ STAlE OF &A- /- I=. CCnmXof d@4a4a , u j \ on qA/ /7 1 19- ff before me, the mersi@, a Natary mlic in and fiir sai and state, persanally - 8, 8. y&k dice pppl"~ personally known to me (or pmed to me on the basis of satisfactory wid-) to be the person(s) whose m(s) is/- subscribed to the within instrument and ac)owwledged to me that he/she/they executed the same. if.ificer @ 1 *',%g%&Ch '"ti 7 Comgan\j " ;"c!i: 1 and state 'Ihis is to certify that the interest in & praperty conveyed by the foregoins easement to the City of Carlsbad, a dcipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolrrtion No. Jfd'7r adopted on ,&6,g57 y/y/fl, and the Grantee consents to recordation thereof by its duly authorized offiber. Dated Lzu44.d lo I9Pf BY dA% 2! h?- ALE;?HA L. RAWENKRMZ, City .. .. . ,q 1 , 3' * .* *. e 0 2319. " 1- - . EXHIB IT "A" LEGAL DESCRIPTION Assessors Parcel No. 212-041-03 A1 1 that portion of Lot "G" 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 northerly 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 Engineers Station 78+25.34 E.C. ; thence along said northerly right-of-way S 78"19'53" E (N 78"20'53" W per said R.S. 1534) 90.31 feet to the TRUE POINT OF BEGINNING; thence leaving said northerly right-of-way, N 9"OO '00" E 34.75 feet; thence S 81"OO'OO" E 20.00 feet, thence S 9"OO '00" W 35.66 feet to said northerly right-of-way; thence along said northerly right-of-way, N 78"19'53" W 20.02 feet to the TRUE POINT OF BEGINNING. DLW/se 268-01-1(W)350.2 -,-I y. . ' -. 0 2320 0 , - 4> '%F< L9-r G J\/J/\.P 1\19 323 * FU-D /\WA ~JLDIUNI Il- I APN 212-041-03 I $i- 5" - " I i 5BIomJ E tr K " 175&c5qdmIw \ 35.64 ' 1 : & ~t3pAB,, ~r~r h 8; L Q I Nz7*00JE 2O.m' //g . .- . / EF5-r. N'LY R/ ' 5760(4'53"E> " " I 90.31' Yt M7t3w1531'w z0.m: (N 78"20'53" w I\rRUE POINJ".oF . - I PER R.s. 15% 1 i 06EyNN~~~ -e" I1 I I I I 0 qj g Q- fl uk 2 d& u1 a; vi bn z 5 R8 9.5. 1534 A€&/ il - 22 " w57. S'LY ..R/K/ q f " v +Q AREA TO BE ACQUIRED SHOWN e23 705*233RZ= 0.m &5. EXHIBIT- '6' ' I I !!P@um~mmr - CITY. OF CP.RL5-D ASSOCIA~ES ACQUISITION PLAT CONSULTlNG €NGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 01987 POUNTNEY & ASSOCIATES, INC Date: 9/9/87 BY: a. W&Ht Sheet 1 Of I ! ".STORM DRAIN EASEMEhlT SAN DIEGO, CA 92123 (679) 576-9200 , ' ,: Job NO. 268- i' e 0 - . i'.:.. *t -. . ~. . r- - . ' 7.- L& ...,, :',:> ,i -- " . ,- ; .- x.__ - ,,'. - L4 > \[ _.", ,~ ., - ..." I e ,~ - ?- L ". *' .. ... . I. ., i r' 2:. ~ 0 233'8 k/( e- e C'JRDING ' REQUESTED BY UN[DN L.'4ND TITLE CO. I Subordination Agreement 88-611274 NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMMING SUBJECT OFF,C,AL RECURDS RECORDED IN- r TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER INSTRUMENT OF SAN O(€GQ COUNTY, CE 1988N OV 3 0 AM& Assessor's Parcel No. L _, VERA C LYLE CO.UNJX RECORDER p-.l. WHEREAS, That certain Deed of Trust WJ FEE between Eni1.v K. Switters. a T Collectively called BENEFICIARIES and Frank E. l\lul.l.en and Helen E. Mul.l.en, husb-f P Collectively called TRUSTOR and First American Title Tnsvy, a California Corporation ' Called TRUSTEE and recorded October 22, 1.975 and rerecorded November 18, 1.975 1 . ~s ~il~,p~~~ N~, 75-291561 and 75-324131 respective1.y in the Office of the County Recorder of San Diego County, State of California: aEd WHEREAS, said BENEFICIARIES are in the owners and holder of the note and other evidence of indebtedness for which said Deed of Trust was given for security: and WHEREAS, HLJNTIKGTON BEACH COMPART, a California corporation will execute and deliver or has/have executed and delivered to the City of Carl.sbad County of San Diego, State of California that certain DOCUMENT(S1 for an EASEMENT FOR SEWER LINES AND APPURTENANCES WZICH DOCUMENT(S! is/are set forth hereinafter as follows: WEREAS, those parties concerned, desire to have said Deed of Trust subordinated to said DOCUMENT; namely, Exhibits A through H, attached hereto. + LU 1,113 -$..+ /i(..b \ k~pcjzi(:l )*Td;; 1 iyJ- i " I - + [!kt I, J.7 P 3 1, YY J C.'cif Isrj,/ic/ * A: cs.i k 111 c Av,, ' .lr- I ..:; c j 72 I [J*.i q yj"..pQ .". ;t @ 0 2339 a 'x ,* ? NOW THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. ! Executed at San Diego, California, this 19 day of &;t , 1988. A- . t4 //j ,I 4 P.J ) ; 5. I / /.. .. p,, ,? //L T-.!:.'.$& .. ."" EMlllY K. SWI I ltRS COUNTY OF SAN DlEGO 1 ) ss: STATE OF CALIFORNIA 1 1 On 0 ct 19 , 1988, before me, the undersigned, a Notary Public in and State, personally appeared EMILY K. SWITTERS, 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 she executed the same. 'CT ,". _.___ . . . .,. - .; .. . .- - ' ". wr.. . +"*. . , ,. .-. b;; ,$ .:, a,; 1." 7;,,;r. ...'.>. .'.,,r-.rA;- ! ," ;k.l:.'?f.lPJ '! k... .:.:.;.,. , . ,' . .) : '$ .- 3 , ../l,,l , , ..~. .. ' < ' .. 5 \-kt:> r,~ J 8 -__ . 1 !. , . , . ., 1 . , !, , , : . , ., i . -. : 1 :I: I' ;'\ .ypi? -.,-,. : . . .... I . . . . , ,. Y..... . , , !