HomeMy WebLinkAbout; Kelly, Allan O; 83317; Easementi . 7.. . , wHtN KtLUKUtU
I. . '* w To: City of Carlsbad -*
2960 Pi0 Pic0 Drive Carlsbad, California 3,:
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For valuable consideration, receipt whereof is hereby acknotrledg Allan 0. Kelly, a married man, the Grantor, does hereby @ant to the City of Carlsbad, the Grantee, right of way eaeements to be described in, upon, over, and ecross the following described lands, in the County of San Diego,
State of CaLlfornia, to wit:
All that portion of Lot "IH of ItElncho.,Agua Hedlonda; in the Cmty of San Diego, State of Calffornfa, as shown on the Partition Map thereof
30. 823, filed in the off ice of the Recorder of San Diego Sounty, November 16, 1896, described as follows:
Commencing at cmep 17 of Lot "I" of Rancho Agua HedSonda; thence East al.ong the South line of said Lot, 5280 feet to corner 18 of said Lot; thence North along the Easterly line of said Lot, 2640 feet to corner L9 of said Lot; thence North 83" 05' West along said
Easterly line 343.86 feet to corner 1 of said Lot; thence North 2" 29' West along the Easterly line thereof 65.35 feet to the most Southerly corner of land described in deed to Marvin H, Sippel, et ux,
recorded November 13, 1962 as Document No. 193941 of Official Records;
thence along said Sippe18s T.?ester&y bctun- line Nmth 55O 38' 25" West 375.00 feet; thence North 21' 38' 25" West 106.33 feet to 8 point on the arc of a 500 foot radius curve concave Northwesterly; thence
Northeasterly along said curve 135.30 feet through an angle of 15" 30' to the point of tangency to said curve; thence North 43" 17' 40" East 173.40 feet; thence South 55" 38' 25" East 136.00 feet to the Easterly line of said Lot 1; thence Xsrth 2" 29' 40" Frest along the Easter3y lin
and the Northerly prolongation thereof 707.00 feet more or less to the
center of Road Survey No. 682, as described in easement deed to the County of San Diego, dated May 27, 1936 and recorded in Book 521, page
230 of Official Records of sa5d San Diego County; thence Morth 67" 10' West along gaid center line to the most Easterly corner of land describ
in deed to J. Blair Pace, et ux, recorded July 17, 1957, as Document No, 106397 of Official Records; thence along said Pace's boundary line, as
follows :
South 26" 40' west 1092 feet; thence South 85" 45' West 410 feet;
thence North 43" 10' West 239 feet; thence North 10" 00' East 870 feet to an angle point on said Pace's Westerly boundary line; thence North 88" 59' 15" West 573.30 feet to a point on the center line of & parcel of land granted to Carlsbad Mutual Water Company as an easement
by deed dated September 26, 1941 and recorded in Book 1271, page 70 of' Official Records; thence South 64" 37' 15" West (record South 64" 54' 41
West) along said center line 1356.65 feet; thence North 71" 04l 45" Wes- 360.37 feet to the most Northerly corner of land described. in deed to
Carlsbad Bay froperties, Inc., recorded June 24, 1959 as Document no. 127923 of Official Records; thence along said Carlsbad Bay Properties, boundmy line, South 0" 19' 14" East 991.19 feet to the most Easterly corner of said land; thence South 78" 181 37" West 363.10 feet to a point on the Easterly boundary line of the land described in deed to Carlsbad Bay Properties, Inc., recorded December 31, 1.958 as Document
No. 220950 of Official Records; thence Southerly along said Carlsbad
Bay Properties boundary line as follows:
South 78" 18' 37" West 300.01 feet; thence South 42O 581 11" Weet 288.35 feet; thence South 12" 31' 24'' East 855.45 feet; thence South 34" 10' 01" Vest 160.01 feet; thence North 82'26' 24" West 1696.39 feet; thence North 59" 29' 39" West 261.16 feet; thence South 25" 01' 15" West 902.08 feet to the Southwesterly line of said Lot "Irr; thence Leaving said Carlsbad Bay boperties boundary line, South 64" 42' East along -. said Southwesterly line, a distance of 3944.77 feet to the Point of Beginning.
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Insofar as the easements described below are within grantors above-described lands, easements are granted as follows:
Description of said Right of Way efisenents:
Easement Nmber One:
All of those portions of the above described property that are contained
within a strip of land 62 feet in width, being 31 feet in width on each
sida of the foUowing described center line:
Beginnfag at the Westerly end of the third from the last course in
th.e &cue descTibed property that is designated as North 5g02gf 39" West 261.16 feet; said Westerly end being also a property corner; (saA 'd course hereinafter considered as bearing North 59"03'26'' West,);
Tize;tlce from sRTd polrt of beginning easterly along said course a distence of 159,62 feet, more or less, to a point that is 10.1.54 feet Westerly of an a&e point in the boundary of the above described propert Thence curving concave 33ortherly on the arc of a curve bwing a
radius of 500 feet through an angle of 22°57s30" for an arc distance of 200.36 feet Lo a point in the boundary of the above described propertg Thence So&h 82"COr56" East a distance of 1176.77 feet along said
boundary, (deed bewing-South 82026924'~ %st ) ; llhence curving concave Northerly on the arc of a curve having a radiu; of 400 feet through an angle of 102*40100" for an arc distance of 716.75 feet; Thence 'North 4"40r56" West a distance of 2e.54 feet; Thence curving concave easterly on the arc of a curve having a radius of 8oO feet through an angle of 34*00100" for an arc distance of 474.73 feet
Thence North 29°19t04" East a distance of 41.11 feet, more or less to a point hereinafter called point "E", said point "E" being on the comse
designated in the above described property description as South 78O18'57"
West _100,01 feet and hereinafter designated as North 78O42'49" East, (Sail point rcE1r is 34.66 feet easterly of the westerly end of said course. ) Said point OE1l is the northeasterly end of herein described center line 0:
the strip of land 62 feet in width.
Bsement Number Two:
All of those portions of the above described property that we contained within a strip of land 20 feet in width, being 10 feet in width on each side of the following described centerline:
Beginnixig at poi& "E" as describkd in 4hsemzne Number One, above; Thence from said point of beginning %rth '@O42*49" &st along ssid propel line a distance of 2J&3b feet, (Deed beering- Ror%h 78Ox8' 37" East 1 ; Thence leaving said boundary line, South 71*52305" East a distance of
272 L 07 feet ; Thence South 14°21f001' West 8 distsnce of 325.78 feet; Thence South l9*28*00" &st a &stance of 246.07 feet; Thence South 58"57'40" &st a distance of 131.88 feet; mence North 50"26'45" East a distance of 350.18 feet; Thence I'?orth 4Oo59f10" East 8 distance of 911.36 feet; Thence Xorth 68'27'40" East a distance of l240,29. feet;
Taence South 43"lC7'06" East a distance of 280.00 feet; Thence South 8Oo5df 10" East a distance of 174.82 feet; Thecce Ncrth 85'23'50" East a distance of 250.00 feet; Thence Xwth 24O06332" East a distance of 635.87 feet; Thence Ncvr-th 81"45 '32" East a distance of 626.39 feet; Thence South 80026'28~~ &st a distance of 331.07 feet; Thence North 23O23'27" East a distance of 97'14 feet to the centerline of
Road Sw-vey lb. 682 as preTriously described in the above described prcpert
The herein ccrlveyed easr?nen%s aha11 cease and terminate upon the non-use
and abandonment of sme 2cr 8 pericl:? cf' two years; and in such event, the Grantee shall forthvith quit&a<m ';o tho Granto?, or their successors and assig all rights therein withokk any c&Tga 50 Gnsnto? for such quitclaim. - -2 -
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rt is understood and s hereto that the easement herein
described is granted 8s a 0x3 the purpose of erectiw, const: ting, reconstructing, rep intaining, and operating water system, sewerage, drainage ion, and/or embankment facilitier
and appurtenances thereto, er with the right of bgress and egress to and
from said right of way by practical route or routes in, upon, over, and across the aforesaid lands, together with tne right to clear and keep clear said right
of way from buildings, structures, trees and brush, and any similar surface encroachment which may interfere with reasonable and proper use of the right of way easement.. The Grantor and successors in estate of the aforesaid lands here1 agree to neither pennit nor erect or construct any building or structure, plant
any tree, or otherwise creat-2 or permit any encroachment which may intezfwce
with reasmzblc and proper use of the said right of way easement by the Grantee
Grantor also grants to Grantee the right to grade said property adjoining
the above described rights of way easements as shown on City of Carlsbad plans for the construction of the Agua Hedionda Sewer Unit Eo. 2, Projact 4-33 and to perform thereon all othes vork that the Grantee may deem necessary in the construction of said Sewer Project, including the temporary use of said propert
for constructior, purposes. Said right of temporary use shall terminate and be t no effect after the cons"iruction of said Sewer
IN WIThGBS WHEREX)F, the Grantor -
executed these presents this 2g%day of a - I
5;n Dieso Co~r~ly, Calif. B
V"~~YT~V'%F""V+
, STATE OF CALIFORNIA
COUNTY OF .... & ................
On before me,
'2 the undersigned, a Notary Publlc in and for said County and State,
personally appeared
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known to me to be the personts) whose name[s) is/are subscribed
to the within instrument, and acknowledged to me that he/she/they
executed the same.
WITNESS my hand and Official seal,
(Seal)
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GRAH,4M b" KEi.L'g Vx &~~~jssicn bpim July 25, 7.%8 /I Notary Public
314-SD-60 After recording mail to:
City Clerk, City of Carlsbad 2960 pi0 P~CO Drive Carlsbad, California
CERTIFICkTE ,OF ACCEPTANCE
CL'hj.8 i.8 l;~ cerl:ifT7 $fiat the in" est in real prop iy
snnvcjrod by "p fwd
dated -24, /?ds . firb~ &&-fld,b(abif THIS SPACE FOR RECORDER'S USE ONLY . +ct fh.? Cl Ty Of CtPfL$b&d, a political carp-
oration and / 3r go?vrnwu.efi ?Tal zc3.c?~\/, ;? hnrr>\y accepted
by order of th..? C,!Cy Council of' <'.,fl Ct+ of C.irlsb2d On L&,5,, f 3 c>nA ,c3j
the q&day of % '1 /Y&f , an" ',h~ gmn.:;z?a consents
to recordatiun:;$hq t of by its duly authorized officer. . ......... nEPAGz 33 .......".."......
,'., ,;> _I U.' ' . ' , 8% DED AT RECjUESf OF
DATm: %,:7. ]jii< ...............
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C! .. ,. -3 CITY OF CARLSBAD . _.. ,..: .' . .~ , . -.*. -I -.
I" .... , :~ , & f fi& AT. .......... P6 MIWTES FAST ..............
, '. a - : . , ,. ,, ' , . <..\,'' fl .. SEWB;S MAyl 6 BOQK Cl IgG57 19 5
,!e"\. ,. _.. , \,' OFfCIAl RECORDS ........... City C erk SAP1 DIEGO COUNTY, CA?!FORNIA A. S. GRAY, COUNTY RES040ER
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* r, -/, '- WHEN RECQ-AIL TO: I *e
I City of Carlsbad
2960 Pi0 Pic0 Drive Carlsbad, California
(Aa#.r - 30)
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Fur valuable consideration, receipt whereof is hereby acknowle
Carlsbad Bay Properties, Ltd., a limited partnership, the Grantor, does hereby
grant to tha City of Carlsbad, the Grantee, right of way easements to be
described, in, upon, over, and across the following described lxxds in the
County of Saa Disgo, State of California, to wit:
PARCEL iz
That portion cf LotTof the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the office of %he County Recorder of San Diego County, described
8s follows 2 (Saiti ?erticm cf Ikt "1" is sb.0~11 on Record of Sw-vey Na. 5289,
Beginning at Corner No. 15 of said LotllL1l,as shown on said Map No. 823; thence Southeasterly along the Southerly line of said Lat"1; South 53" 4.4,
East, 499.45 feet to the most Southwesterly corner of that parcel of land described in deed to Robert W. Phipps, et ux, recorded October 29, .1958 under Document No. 179767 of Official Records; thence along the boundary li of' said land as follows:
North 25" OXt 15" East (record North 24'53' 50" East) 597.82 feet to the true point of beginning and Point "A"; thence continuing along said boundaq line, South 47" 361 05" East, 153.79 feet to the beginning of 8 tangent
curve concave Mortherly, having a radius of 355.00 feet; thence Easterly along said curve, 376.92 feet, through an angle of 600 50' 00"; thence tangent to said curve, North 71" 33' 55" East and along the Easterly
prolongation of the Northerly boundary line of said land, 306.54 feet; them South 59" 29' 39" East, 512.67 feet; thence South 82' 26; 24" East, 1696.39
feet; thence North 34"101 01" East, 160.01 feet; thence North E" 31' 24" West, 855.45 feet; thence North 42'58' 11" &st, 288.35 feet; -thence North 78O 18, 37" East, 3OO.Ol feet; thence continuing North 780 18' 37"
East, 363.10 feet to Point "B"; thence North 0" 39' 25" West, 974.01 feet tc
the Southwesterly comer of the land described in deed to Horace H. Kelly, et ux, recorded August 6, 1951 in Book 4192, page 5 of Official Records; thence North 18" 32, 12'' East, along the Westerly line of said land, 989.54 feet to Corner No. 8 of said Lot; thence continuing North 18" 32) 12" East, 31.08 feet to a ,point in the semi-tangent of that certain 700.00 foot radiur
curve concave Northeasterly in the center line of County Road Survey No. 6f3 according to plat thereof filed in the office of the County Surveyor; thence along said semi-tangent to and along said center line of the County Road, North 41" 59' 48" West, 400.95 feet; thence South 74" 10' 27" West, 1153.93 feet; thence North 86O 34' 37" West. "9.40 feet to a point on the Easterly line of the land described in deed to Cmoll R Kelly, et WE, recorded August 17, 1955 in Book 5757, page 587 of Official Records; thence along
the boundary Line of said land as follows:
South 12O 41' 13" West, 127.72 feet to an angle point therein; thence South 2" 181 23" West, 891.88 feet; thence South 20' 35 J 08" West, 430.35 feet; thence South 85" 07' 24" Vest, 481.72 feet to the Southwesterly cornel of said land; thence along the Southerly prolongation of the Westerly line of said land, South 3" 47l 29" West, 580.40 feet to a point in a fine which
is parallel with and 5.00 feet Rorthesterly, measured at right angles, from the Southeasterly line, of that certain 20.00 foot easement described
in deed to the Carlsbad Mutual Water Company, and recorded in Book E71, pat 70 of Official Records; thence along said parallel line, South 47' 01' 24"
West, 535.01 feet to an angle point therein; thence continuing along said. parallel line, South 70" 13' 44" West, 355.73 feet to an angle point thereir
thence North 83O 09' 46" West, 151.76 feet to an angle point therein; thence
North 80" 22' 35" West, 75.21 feet to an angle point therein; being also a point in the Northerly prolongation of the Gksterly line of the land descril in said deed to Phipps above described; thence along said prolongation, Soul
25" OX3 15" West, 217.40 feet to the true point of beginning,
EXCEPTfIG therefrom that portion lying within Lot "E" of said Rancho Agua Hedionda
San Diego County Records)
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PARCEL 2:
An easement, for road and utility purposes over a strip of land 30 feet in
width, lying southerly of and.inmediately addoinigg the southerly line of Parcel 1 and lying between Paints "A" and "B" :
PARCEL 3:
That portlon of Lot "I" of the Rancho Agua Eedionda, in the City of Carlsbc
Cotmty of 8an Diego, State of California, according to Map thereof No. 823,
Pibad fn the osfice of the. County Recorder of San Diego County, described a
f OJlOWS :
Beginning ai-. Corner number 15 of said Lot "1" as sham on said Map No. 823; thence Southeasterly along the Southerly lfne of said Ut "I" South 53'44'3 East, 499.45 feet to the most Southwesterly corner of that parcel of land tiescribed in deed to Robe W. Phipps, et ux, recorded October 29, 1958 und Document No. 179767 of Official Records; thence along the boundary line of land as follows:
North 25'01t15" East (record North 24*53t50" &st) 597.82 feet; thence
continulng along said boundary line, South 47*361w East, 153.79 feet to the beginning of a tangent curve concave Northerly, having 8 radius of 355.
feet; thence Easterly along said curve, 376.92 feet; through an angle of 60°$6r00"; thence tangent to said curve, north 71*33'55" East, 100.40 feet to the Northeasterly corner of said land and the true point of beginning; thence continuing North 71'33'55'' East, 206.14 feet; thence South 59'29'39" East, 251.51 feet; thence South Z5"Ol1I5" West, 902.08 feet to the South- westerly line of said Lot; thence North 64*25'37" West, along said South- westerly line 400.00 feet to the Southeasterly cornes of said Phipps land; thence North 25°01r15" East along the Southeasterly line of said land 780.4:
feet to the true point of beginning. (Said portion of Lot "I" is shown on
HecuL'd of Survey Eo. 5414, Ssn Diego County Records)
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Descriptions of said Right of Way easements:
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Easement Number One:
A11 Of those portions of the above described property that are COnt8ined
within a strip of land 62 feet in width, being 31 feet in width on each
Side of the following described center line:
'Seginnfng at the true point of beginning of the description of the above described Parcel 1, bzing noted therein as Poi& "A"; The~Ce from said true point cf beginning of the above described Pam
South 25'25 t 54" West, (recozd South 24'53' 50" West) along the SOU%her3!
exbnSiOn of %he. most westerly boundtiry of sa%d Parcel 1 a distam'e 16.1
fG& '33 the %me poir?c CS beginning of the cen-line to be dacribed; Thence f?om said true point of beginning, easterly on the arc of a curve having a radius of 415.03 feet through an angle of 74'30'58" for E arc distance of 539.77 feet to a point on the southerly line of said
Parcel 1; (%he center of said curve bears North 56'30137'' East 415.03 feet from said true point of beginning) ; Wence North 7r0269ofc %st along said property line a distance of
74.93 feet; Thence cwving concave southerly on the arc of a curve having a r91 of 500 feet ktrroq& an angle of 48*56t55" for pa an arc 8Askme ~9.427, Thence Soutfi 59°03826'1 East a discance of .&..55 f@&; Thence curving concave northerly on the arc of a curve having a ra
of 500 feet; through an angle of 22°57s30'1 for an arc distance of 200.36 to a point in the boundary of the above described property; Thence South 82*00*56" .&st a distance of 1176.77 feet alod said
boundary, (Deed baaring-South 82O26124" %st); Thence curving concave Northerly on the arc of 8 curve having a r8 of 400 feet through an angle of 102940'00'1 for an arc distance of 716.7
feet ;
Thence Narth k"40f56" West a distance of 205.54 feet; Thence curving concave easterly on the arc of a curve haviag a rai of 800 feet through an angle of 34°00100'1 for an arc distance of 474,7: feet; Thence North 2g01g'0411 &st a distance of 41.11 feet, more or lest
a point hereinafter called point "E", said point "E" being on the court designated in the above described Parcel 1 description a6 North 78'18':
'&a& 300.01 feet and hereinafter designated as North 78°42r49" %st, (' point "E" is 34.66 feet easterly of the westerly end of said course. )
Said point "E'' is the northeasterly end of herein described center 1in a strip of land 62 feet in width.
Bsement Number Two:
All of those portions of the above described property that are cantair within a strip of land 20 feet in width, being 10 feet in width on eac
side of the following described centerline:
Beginning at the westerly end of the cowse contafning point "E" a6 described in Easement Number One, above; Thence from said point of beginning North 78°42f49" East along Si
property line containing said point "E" a distance of 250.00 feet, (Dt bea.ring-North 78"18' 37" East) ;
Thence leaving said boundary fine, South 71°52105" East a distm
272, (i7 feet .
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It is understood and agreed by tho partiesl hersto tbat the easement herein described %s granted as LI p@rpetual.easement for the purpose of erecting, constructing, reconstructing, replac- ing, repairing, maintaining, and operating water ByBtea, 88werage, drainage, power lines, excavation, and/or embankment facilities and appurtenances thereto, togethsr with the right to clear and keep cleat- said esseaent fron buildings, structures, trees and bruah, and any rsinrilar surface encroachment with may interfere with reasonable proper us8 of the ea@enent. The Grantor and 8ucces6ora in sa*ntc of the aforesaid lands hereby agree to neither permit nor erect or conmtruct any building or structure, plant any tree, or otherwise create or permit any encroachment which may interfere with reasonable and proper uare of the said easement by the Crentee. .
I# WfTNIWES WHBRmP, the Crslntor
executed these .presents this 3Lat day of March 3.cllllllc ?
2965,
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CARLSIBAD BAY PROPERTIES, LTD., a Limited Partnerahip
8TATg OF C!ALT#OENZA, )
COUNTY OF LOS ANGEtES) : S8.
On March 31 1965 l before me, tbe undersignea, a Notary ~&c ln Bad fgr sasd County and State, ParSon*l%Y appeared BIEVERLY KALXCSCA and JACOB SWARTZ, known to me to be tbs Censrlal Partnerr of CARL58AD BAY PROPERTIES, LTD,, the Limited Partnership that executed the within instrugieat, and acknowledged to a@ tbat such Limited Partnership executed the name.
WITHES8 uly hand and off icia
After recording mail to: Cit Clerk, Clty of Carlrbad 2966 Pi0 Pic0 Drive Carlsbad, Calif.
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THIS SPACE FOR RECORDER'S USE ONLY pn!;isi;;c\i c.::.:;:~ it: .
;OS APJGCLCS t CouF.*y
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S&q OEGO UJUN'lY. CAtlFOANlA mm RECORDS
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CERTIFfCATE OF AbCCEPTAISiZ
This is to certify that the Snte est in real propePtg
canveyea ~3 ZU p fu d ~ wLa , w4
&. / , lo the City of Carlsfad, o politiaal 7 COW omtioa and/or govenunm).sl 2gency, is herebg accepted
by oriie of the Cltg Councll rWthe City of Crrrlsbzd ora the -+ OF ' .Gap of Wd, /ybds , and the grantee consent1
to requ%fi6a thereof ax its du$y anChorlzed offher.
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D&Ts;Ip;:7pzu~ q . @45- ' ..... .. . , - .f . '. " , .. .- CITY OF Cd%LSBbD
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.. . CZty Clerk