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Home My WebLink About; HUNTINGTON BEACH CO.; 88-611271; Easement+, fly r . - .:' ,. RECORDING REQUE~ BY 0 2321 0 '.* c 4' 1 ' UNION LAND TITLE CO. 'c WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: $8-611271 CITY CLERK pEFFE%lq OF SAN DIEGO COUNTY, CA. Rum! , p CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 l988N OV 3 8 AM$:()@ L LYtP "_. -... "._ .- NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONL' ~~~~~~~~ Tm&FEg 5'&J $- & UNION LAND w7 TI LE COlbMhl EASEMENT DRAINAGE zL!k & Assessor's Parcel NO. 212-041-04 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, OF any portion of said easement, to other public agencies. If a substituted drainage facility(ies) is/are constructed on the real property r-eferred 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 Exhibit "A" and the attached Acquisition Plats, designated Exhi bit 'IB", consisting of 2 sheets, each made a part hereof by reference. @ -c .I a ,: . O 2322 0 .# 1 I' *' The 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, its su-rs and assigns, shall be responsible for operating, maintaining, and keeping in good repair the me described works of improvement. The Grantor, his successors and assigns, reserves the right to enclose in a manner approved by the Grantee, its sucessors and assigns, any portion of an unenclosed flood drainage chanrd provided such enclosure is constructed or installed by a licensed contractor in accordance with plans and specifications appmed by and to the satisfaction of the Grantee, its successors and assigns. Grantee shall not unreasonably withhold such approval. In granting its conditions, including, but not limited to, the filing by the contractor or Grantor of an adequate performame bond to guarantee ccarp?letion 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 rights and privileges herein Exfxuted this I?* day of ?J "A?/ 9 1 \ A SllATE OF &2& - 1 ss- COmtyAf f3Z-4- 1 \ on /.;J I 19" K before me, the undersigned, a NOM public in y$fif~~~~%;a,*g&pf *. - -&ly ap- FL 3. -!!YGk ; KCG Presidenf " ___~." _.. .". .". - .I_. - 1 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscrib& to the within instrument and acknmldged to me that he/she/they executed the same. Witness my mfl offii seal. A /1 (,)A p/ &+e NKE public "m and for'saidhty and state ?his 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. @'J7i adopted on j%&pfl f By/, and the Grantee consents to recordation thereof by its duy authorized offider. Dated & CO/Wf Bv a,*/&?oa- - ALEXHA L. ~UTEN&WE, city ~1 ;e ,- *. 0 0 2323 e "._._. EXHIBIT "A" - LEGAL DESCRIPTION Assessors Parcel No. 211-041-04 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, known as Palomar Airport Road, at Engineer's 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) 1,255.77 feet to the TRUE POINT OF BEGINNING "A"; thence leaving said northerly right-of-way, N ll"40'07" E 47.00 feet; thence S 78'19'53" E 20.00 feet; thence S 11'40'07" W 47.00 feet to said northerly right-of-way; thence along said northerly right-of-way, N 78'19'53" W 20.00 feet to the TRUE POINT OF BEGINNING "A". Together with the following described portion of said Lot "G" 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 Surveyer of said County, known as Palomar Airport Road, at Engineer's Station 99+10.74 B.C.; thence along said northerly right-of-way N 78'19'53" W (N 78"20'53" W per said R.S. 1534) 45.63 feet to the TRUE POINT OF BEGINNING "B"; thence leaving said northerly right-of-way, N 36'58'36" E 7.23 feet; thence N 53"01'24" W 20.00 feet, thence S 36O58'36" W 16.69 feet to said northerly right-of-way; thence along said northerly right-of-way, S 78'19 '53" E 22.12 feet to the TRUE POINT OF BEGINNING "B". DLW/se 268-01-1(W)347.72 P . .? -0 - e 0 2@4 PUF< !LIT G F+J 0 /\GUi!\ rJdI I? 1 ON DA Ji/l/\ F.' 1\1 cl 323 APN 212-041-04 9 70" I4 '53" E -___ ----" " "_" 1 - I I I - - 1-9"- E'xs7-* SLY R/q 8 - b" I AREA TO ESE AQLIIREP St4OWN El q40-Ftz z2 0.02 PG. EXH lBlT '6' CITY OF CARL5BAD ,B@V!!!!5@B!!V!!!W ASSOCIATES 4455 MURPHY CANYON ROAD, SUITE 200 CONSULTING ENGINEERS ACQUISITION PLAT Date: 9/30/7 By: c! W4HL Sheet 1 Of z She 01987 POUNTNEY 8, ASSOCIATES, INC 5TORM.. DRAlN E&EMEbfT SAN DIEGO, CA 92123 (679) 576-9200 Job N0.2b0-01 . 4 *, - .'a I w i' ,- e 0 2w .- ? -* APK 212- 041-O4 l<:: * I *' I*. 1, ,*-.,: *, .*:/,-e e", ., - .I . .. .* I *., ' . *. ' *- I.'.", c. f ;-;- ,.: .#*.I . I. ,, .. . . * '.:- .I..' 1.;;:;. ,. I.:.; - ; ;';,,; *i.;',: <.. , \. . ,". . *. .- !- _* ,** - .. .. ..I"\ . ... . r, . * .- C": 't. ,J,: .*. 1 -. . ) .*". ,* .- .. I"'.: <. ..i' I e"' * . , ....e ."' :.. /-.I . .. - ,..: .'>. -- / : ,:...-. . APN 2 IZ-O41-04 e.. ,-. I, 9 ' .e , *-t I ,'I . * ,-. . ,; :,:,; *-. ' -. /-I,':.-,/ , ., ' ":-t ,-; ._ ' ' , <*'. : " '..) #-I ,r , - *-.. , , L.,/," -. "' - ' - .) .I . . . .I.< , , . .. . . I" I. .- . .e L -a,. - . :. .> .._. .c ,;- . .. I !f( -:.st I '., .. . . '. : : .e_ : t-:; AREA ID BE ACQUIREP SHOWN m i-: r" , _.. . . .. _. . . . ..-. J .e '. ." z5qt 2;iFt-2 = 0.m5 &, t EXHIBIT '6'. . m!!!wm~mrr,w CITY OF C4RL50AO SOCIAIES ACQUISITION PLAT CONSULTING ENGINEERS An55 MURPIIY CANYON ROAD, SUITE 200 STORM C%Al fd aSEMEb4-r Job No.2&3i>I SAN DIEGO, CA 92123 (619) 576-9200 (91987 POUNTNEY 8 ASSOCIATES, INC. Date:'y/30/87 By: D. W~BL SheetZOf 2 Sht a -0 - _. . - % -, ,'/" * : ,' 5#&i2.<<*,/ - =* ,, . - . / I p,- '3G .r* .: - 4 I [ 6' ,/ _. ., . 11 3 e 0 233’8 0 L~DINC;* REQUESTED BY UN(?N L.4ND TITLE CO. i ’ NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR 1 Subordination Agreement 88-611214 SECURITY INTEREST IN THE PROPERTY BECOMMING SUBJECT OFF,C,AL HECOHDS OF SAN DlEGO COUNTY, CA r RECORDED IN- TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER INSTRUMENT ASS~SSCI~ ’ s Parcel 1988NOV 3 0 AM&[ No. -- L VERA C. LYLE CO~UNLY, RECORDER - WHEREAS:, That certain Deed of Trust between Eni1.v K. Switters. a marri_ed wmn HJ FEE “ ~ ~~~~~ ” Collect.ively called BENEFICIARIES and “ Frank E. PIul.l.en and Helen E. Mul.1.en. husb-fwifP - CollLect.ively called TRUSTOR and First American Title Tn-m-p wy, a California Corporation ” ” ~ ~~ call-ed TRUSTEE and recorded October 22, 1.975 and rerecorded November 18, 3.975 , a pile/page N~. 75-291561 and 75-324131 respective1.y in the Office of the County Recorder of San Diego County, State of California; ad WHEREAS, said BENEFICIARIES are in the owners and holder of the ncte and other evidence of indebtedness for which said Deed of Pust was given for security: and WHEREAS, HUNTIKGTON BEACH COMPAhry , a Ca1.iforni.a corporation ~~ ~ ~~ ~~ ~~ will. execute and deliver or has/have executed and delivered to CLty of Carlsbad the” ” County of San Diego, State of California that certain DOCUMENT(S1 for an EASEMENT FOR SEWER LINES AND APPURTENANCES WHICH DOCUMENT(S) is/are set forth hereinafter as follows: REEREAS, those parties concerned, desire to have said Deed of Trust subordinated to said DOCUMENT; namely, Exhibits A through H, attached hereto. % LU uq3 e+ j :’3 liL ( .kcnL,,zlitl 191d ; I f-i.2 ; / ”- () , ;f r’ c’ “./If I;. I,&( I (4: ,(:? L: 11, i AV,, 1,- I.:; J7 rc I L (‘.i 7 7/..;32 ‘ j i%fx (1 ic., .I.- _” # -, *. 0 2339 e l 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 Ifl day of 0r;f , 1988. L- ,r' j /* (2) ;;_, ., 14 ./ / . I I.. , .C,r !..<,&" -4454 tMl4Y K. SWll itKS COUNTY OF SAN DlEGO 1 STATE OF CALIFORNIA 1 ) ss: 1 - On 0 d- \q , 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. , ,______. . .l... .. _-. . 1. . --c . *.. ."%" f /.,:-: ;:. ; ; >i . . , .. , I . .. .-, . , , "i:-; .:~.. .: .:_ .I, , , , _' ., , ,.,,, r.-,.-, , y II_,__ -,.. _.I' g, F ,. f \'; ,y..., i.,.,. . ..' ; -I 3 , , >.2 .: $-;** rr#. ,* a ' <.. . , ., , , . ., \,. .: ;!! ,..?.I 1 ,- .. . &:' ...:>-- 8. , , a ,-~ 1 :. . I. r- :- i- !- 1 I- I . .. I, ;i !;~'y)~J 3 .. I ,a,, .C., !. ,. - I