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Home My WebLink About; HUNTINGTON BEACH CO.; 88-611272; Easement)A 6. ;;D,5COi?DiNG REQUESTED BY ' * 6 r yN\,ON LAND TITLE CO. * 7.4 1 . I NHEN RE~ORDED, PLEASE MAIL 16 .THIS INSTRUMENT TO: L CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 0 2326 0 88-611212 pFlaAL OF $AM RECORDED DEGO RECORFi COUNTY,Ck IN 1988 N OV 3 0 AM 8:60. L LYLE Burn?. I .___.-. .- ".. i? 1'40 TRANSFER TAX DUE 1 SPACE ABOVE FOR RECORDER 'S USE ONLY & %EN$ARV BgggaNSFER TAX s- EASEMENT & iL&L > ,, DRAINAGE RINKIN LAND mu &m Assessor's Parcel 1'40. 212-041-08 Project NUNTINGTON BEACH COMPANY, a California Corporation, hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and release unto CITY OF CARLSBAD, ii municipal corporation of the State of California, herein designated Grantee, its !juccesSors 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 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, undergrqwth, 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 i3ssigns 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 lreferred 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 Iliego, State of California, and is particularly described as follows: !See the attached 1 egal description, designated Exhi bit "A" and the attached Acquisition Plats, designated Exhibit "B", consisting of 2 sheets, each made a part hereof by reference. 6 "3 .I .I e e 8 2,327 , The Grantee shall have the right to fence all or any portion of said -t herein conveyed within which there is installed or constmckd an unenclosed flood drainage c=hannel. Ihe Grantee, its ~~X=C~SSO~S and assigns, shdll be responsible for , and keeping in good repair the above described mrks of :iruvement. :me Grantor, his sucessors and assigns, reserves the right to enclose in a manner appuved by W Grantee, its SUCC~SSO~S and assigns, any portion of an unenc1osed :Elood drainage channel pruvided such -1- is cons- or installed by a :licensed contractor in accordance with plans and specifications appmed by ard to lthe satisfaction of the Grantee, its successors and assigns. Grantee shall not ~mreasonably withhold such approval. In granting its conditions, including, but not limited to, the filing by the contractor or Grantor of an adequate perfonnance 1- to guarantee ccarp?letion of the work. 'Ihere is reserved 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 nranner ard for any pwpcse not inconsistent with the full use and enjoyment by the Grantee, - tmting, - .. /3 I ,c;TATE OF u w- )ss. Crrunt)qof &4-&&9+ *^ Y ? ~ mm ff EL a. d& , D-, before me, the und-i@, a puys~~lic in personally known to me (or proved to ~3 on the basis of satisfactory evidence) to be the person( s) whose name(s) is/= subscribed to the within instrument and z~clmuvle@ed to me that he/she/they m the same. al-d .;, I& &gc~~@ez@&@ -1Y - % A bd@Lc, t sJ2&#q >-"" @x!; ,Pp 9: . ." harrd and official seal. Natary PubliE in and for @id county and State [Chis is to certify that the interest in real property conveyed by the fomoing (?asanent to the CiW of Carlsbad, a municipal corporation is hereby a" by the City Cauncil of said Ci of Carlsbad, California pursuant to Resolution No. //--J7J- adopted on /$6&r,-7 /Yf 7 , and the Grantee consents to recordation thereof by its cwy authorized officer. Rated &&/o /9r 4 BY dk?L if%?- ALGIHA L. RAWENIWWZ, City Cferk - -, ; J, ., e 4 2-328 0 I I EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel 212-041-08 x-. All that portion of Parcel 3, of Parcel Map No. 6331, filed in the office of the County Recorder of San Diego County, September 8, 1977, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as fol 1 ows : Beginning at a point on the easterly line of said Parcel 3, said point being on the northerly right-of-way of Palomar Airport Road according to Road Survey No. 1534, filed in the office of the County Surveyor of said County, said point also being on a curve concave southerly and having a radius of 1,550.00 feet a radial line to said point bears N 06'01'39" E; thence westerly along said curve through a central angle of 4'55'54" an arc length of 133.42 feet to the TRUE POINT OF BEGINNING "A"; thence leaving said northerly right-of-way and said curve, N 1'30'15" E 20.01 feet; thence N 88"29'45" W 20.00 feet; thence S 1'30'15" W 20.28 feet to said northerly right-of-way and said curve, a radial line to said point bears N 0'21'23" E; thence easterly along said right-of-way and said curve through a central angle of 0'44'22" an arc length of 20.00 feet to the TRUE POINT OF BEGINNING "A". Together with the following described portion of said Parcel 3; Beginning at a point on the northerly right-of-way of Pa7 omar Airport Road according to Road Survey No. 1534, filed in the office of the County Surveyor of said County, said point being at the beginning of a curve concave southerly and having a radius of 1,550.00 feet, said point being at Engineer's Station 70+16.71 B.C. per said Road Survey 1534; thence along said curve, through a central angle of 0'44'32" an arc length of 20.08 to the TRUE POINT OF BEGINNING "B"; thence leaving said curve N 11'05'00" W 48.07 feet; thence N 78"55'00" E 20.00 feet; thence S 11'05'00" E 45.61 feet to said northerly right-of-way; thence along said right-of-way and said curve, through a central angle of 0'44'42" an arc length of 20.15 feet to the TRUE POINT OF BEGINNING "B". DLW/se 268-01-1(W)347.70 .,. ?II: . ' '" . .. I' 0 2323 i ' ' ' ' ifls 4-0' PAR CE I, 3 PA\ FKE I, fill A\? bl r3, f-? 04 L, ?I ,r pm 212- 04.1 - 06 \ \"W ywELw"ELMPf~ LIME s td88"29'45''~ Nolo 30' I6"E 20.@- f 20.01' \ - As p= 4'55'54." ,m!71Ai " - I I/= p3." a .I - I hlhliu POI2 5 A \- \ - I I I I kA ~~LOMAK \ 31 3; SI 9 ZI ZI PAP- W 3, f?'WO%/$Y 6331 J4 AIF~POI(C~ \ R" I,~-oo.oo' - -q, %' u1 SI WI .wbF SUKv4/ w ,5w\m - -9 "01 e mWEEPW COPNEf? .. - --- " 1 PCQVPFV qsawr\L - PREA TO @E 4m.127Ft2s 0.m Ac. EXHB1-r lfB'' )I @@VB!U@BUHW C1rf a= CARLSeAV ASSOCIATES ACQUISITION PLAT 1CONSULTlNG ENGINEERS 5LOKM t9WlhJ EASEMEW A455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (679) 576-9200 Job No. i /;\IO07 DAI IhIThlKV P ACtArlATfC lhlr Date: S/W/fi7 Bv: C2bl,4ML Sheet !.Of 2 $ * ;.1pI ‘- * v I 1’ = 40‘ e @o 2330 ..1 . PA\ Fl c E I. 3 FY\FKEL h/Jk\P J\I 0, 034 J P 7) ”,, APN 21~-~1-08 b-I78”55‘F .. . -. . . . . . . . ARE/+ TO OE q%,56ffz~ 0.02.k. WWPW SWWN &* mi4 I BIT “B” I I @@m!m4!!mW ASSOCIATES ACQUISITION PLAT Gllf OF CaIzLSP I CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 5TOKh.4 DPIAfkI EASEh/lEUT SAN DI€GO, CA 92123 (619) 576-9200 Date:4/Gn/A7 BV:DL~AHI. SheetfOf5’ Sh AlOf?7 DAI IhIfhIIIV P ACCPPIATCC Ihlr Job No. u-0 0 * *- ;*;; ., flF ,.~ .”& /” I.- .._+ r 1 J.: W &A .. .ec v’ c7- c/ ’ : ‘i i,. ,I ; __ r /.‘. :.. 5; /#?$ , .! e 61 e 0 233'8 &)iD!NG REQUESTED By UNI$W L,WD TITLE CO. -1 , Subordination Agreement 'NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMMING SUBJECT OF SOME OTHER OR LATER INSTRUMENT TO AND OF LOWER PRIORITY THAN THE LIEN 88-611274 r RECORDED IN" OFFICIAL RECORDS OF SAN DIEGO COUNTY, C1 1988NOV 3 OAM8: Assessor's Parcel No . L ., VERA t. LYLE CQUNTX RECORDER 7 WHEREAS, That certain Deed of Trust WJ FEE between Eni1.v K. Switters. a ma3 ~~ ~- Collectively called BENEFICIARIES and Frank E. Nul.l.en and Hel.en E. Mul.l.en. husbu wif~ Collectively called TRUSTOR and First" Titlp Tns,uan.*p hapany, a California Corporation -' called TRUSTEE and recorded October 22, 1.975 and rerecorded November 18, 1.975 , a ~il~/p~~~ N~. 75-291561 and 75-324131 respective1.y in the Office of the County Recorder of San Diego County, State of California: .. zr?d WHEREAS, said BENEFICIARIES are in the owners and holder of the ncte and. other evidence of indebtedness for which said Deed of Trust was given for security; and WHEREAS, HUJTIK'GTON BEACH CONPAN'', a Cal.ifornia 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(S) for an EASEMENT FOR SEWER LINES AND APPURTENANCES WEICH DOCUMENT(S) is/are set forth hereinafter as follows: WHEREAS, those parties concerned, desire to have said Deed of Trust subordinated to said DOCUMENT: namely, Exhibits A through H, attached hereto. F-7 htl{ kc&?2l,i1 )?,Id; ; I iz. ; ',I7 J-' c!At IJ,&[ i L.CS l5 EL* L AV., ~. < 1 I" I:; I? wl PA 9 7 /.-s":Q I .i. ; .j7 (II ic.-, -.I, j d- n A A I \n~ Y- -F &c.L3cMr3c -L / - I ,.,* - .. * * 0 2339 e .i 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 fi day of 0C;t , 1988. L. \' O);*-,?i, ,< . .. /,4-,?.,<.,/j //e ',r-.f:.',jA d , EMIUY K. SWl I tKS COUNTY OF SAN DIECO 1 ) ss: STATE OF CALIFORNIA 1 1 On 0 State, personally appeared EMILY K. SWITTERS, d" 19 , 7988, before me, the undersigned, a Notary Public in and 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. , - .. ... ,7', . .. , I