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Home My WebLink About; KELLY, RICHARD & ROBERT; 88-426573; Easement'. .+ * 0 4. 'I, RECORDING REQUESTED BY: I 9,L" ?, * UNi@N Lfih.!? TITI C ?"'?6*'~' WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 033 426513 0 5 5 8 ;""" - _/l ~ .:~ - - .- '=.! I bu ">" .. .> p.: .- _-. -. . . ~ ....". - , ,I 1 . . .- * -.j i = :-..: .. . .- - . - . ."I 2 ":_ . - .. -- -. . ~. - - .- i. . ." . .- ,. . .. ?+IT: .3;1" t; - '3b-Z s- ;=;a &-. 7: 7:- . 3 FT-; '1 - *,< L :- .~ < .,_ i .j " L-: . l,r .-... . 4 - * '.J .I *- " i < .".... i-.i .. -.-.y:.,;:;ji 1 ; ";; c 'i. -: *,,~. .,I... ..- ..-... .. ,- .- . ~ __: i?; <. . I_ ",. I r- i -. EASEMENT DRAINAGE Assessor Is Parcel NO. 212-040-37 Project RICHARD &. KELLY and ROBERT ,@. KELLY, as Trustees under that certain Irrevocable Trust dated November 25, 1985, FBO Robert P. Kelly, Richard C. Kelly and Irene K. Hendriks, eizzd, as to an undivided one-half (1/2) interest; and RICHARD CARROLL .$ KELLY and ROBERT PATRICK KELLY, as Trustees under that certain irrevocable Trust dated August 31, 1982, for the benefit of IRENE K. HENDRIKS, et a1 ., as to an fi undivided one-half (1/2) interest, 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, rep1 acement , reconstruction and inspecti on 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, 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 i c 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", consisting of 2 sheets, and the attached Acquisition Plat designated Exhibit "B", consisting each made a part hereof by reference. I. - L u569 0 6 - .. r 0 " p The Graitee 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, it successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the above described works of improvement. The Grantor, his successors and assigns, reserves the right to enclose in a manner approved by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage channel provided such enclosure is constructed or installed by a licensed contractor in accordance with plans and specifications approved by and to the satisfaction of the Grantee, its successors and assigns. In. granting its approval, the Grantee, its successors and assigns, may impose reasonable conditions, including, but not limited to, the filing by the contractor or Grantor of an adequate performance bond to guarantee completion of the .work. There is reserved to the Grantor, his successors and assigns, the right and privilege to use the above described 7 and 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 assisns. of the riahts and Drivileaes herein aranted. .,I 4 ~~- I --- --a" --- -.-- a- Executed this /& day of r, a Fh STATE OF L h6tfi I? )ss. County of f& /vi~-~d~~ 1 -. i J On / J&A , 19E, before me, the undersigned a Notary Public in id Colurt/y and S te . personally appeared /$Ad / /jpF/b o fi /77 1 ,J personaTTy known to me (or fr'roved to me on the basis of satisfactory evidence) to be the persons(s) 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. This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carl sbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. J/'+& adopted on ZULU ,'A /pf/ , and the Grantee consents to recordatlon thereof by its duly autKorized officer. Dated 7-aa -88 BY U Q. RGLA." ALETHA t. RAUTENKRANZ, City Cl &k .. .I , 'r a > 0 bu 0560. EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel 212-040-37 All that portion of Parcel "C", of Parcel Map No. 2993, filed in the office of the County Recorder of San Diego County, August 23, 1975, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as fol 1 ows : Beginning at the northwesterly corner of said Parcel "C", said point being on the southerly right-of-way of Palomar Airport Road, according to Road Survey No. 1534, filed in the office of the County Surveyor of said County; thence along said southerly right-of-way, N 70'46'53" E (N 70'45'53" E per said Road Survey No. 1534) 0.85 feet to the TRUE POINT OF BEGINNING "A"; thence leaving . said southerly right-of-way S 20'16'45" E 20.12 feet; thence N 69'43'15" E 30.00 feet; thence N ZO"16'45" W 19.56 feet to said southerly right-of-way; thence along said right-of-way, S 70'46'53" W 30.00 feet to the TRUE POINT OF BEGINNING "A". Together with the following described portion of said Parcel "C": Beginning at the northwesterly corner of said Parcel "C"; said point being on the southerly right-of-way of Palomar Airport Road according to 2oad Survey No. 1534 filed in the office of the County Surveyor of said County; thence along said right-of-way, N 70'46'53" E (N 70O45'53'' E per said Road Survey No. 1534) 239.77 feet to the TRUE POINT OF BEGINNING "B"; thence leaving said southerly right-of-way S 20"16'45" E 5.70 feet; thence N 69'43 '15" E 20.00 feet; thence N ZO"16'45" W 5.33 feet to said southerly right-of-way; thence along said southerly right-of-way S 70'46'53" W 20.00 feet to the TRUE POINT OF BEGINNING "8". OLlr(/se 268-01-1 (W)347.71 Page 1 of 2 0 0 " :.t. - -L* 0561 Together with the following described portion of said Parcel "C": Beginning at a point on the flOrtner1y line Of Said Parcel "C", said point being on the southerly right-of-way of Road Survey No. 1534, known as Palomar Airport Road, filed in the office of the County Surveyor of said County, said point being Engineer's Station 70t16.71 B.C. per said Road Survey No. 1534; thence along said southerly righc-of-way, easterly along a curve concave southerly and having a radius of 1450.00 feet, through a central angle of 0'13'45" an arc length of 5.80 feet to the TRUE POINT OF BEGINNING "C"; thence leaving said southerly right-of-way, S 11"05'00" E 33.03 feet; thence N 78"55'00" E 20.00 feet; thence N 11" 05'00" W 35.67 feet to said southerly right-of-way of said Road Survey No. 1534, said point being on said 1,450.00 foot radius curve, a radial line to said point bears N 18"11'32" W; thence westerly along said curve through a central angle of O"47'50" an arc length of 20.17 feet to the TRUE POINT OF BEGINNING "C". Together with the following described portion of said Parcel 'IC'': Beginning at the most northeasterly corner of said Parcel "C", said point being on the southerly right-of-way of Road Survey No. 1534, known as Palomar Airport Road, filed in the office of the County Surveyor of said County; thence along said southerly right-of-way, westerly along a curve concave southerly and having a radius of 1450.00 feet, through a central angle of 4'50'07'' an arc length of 122.36' feet to the TRUE POINT OF BEGINNING "0"; thence leaving said southerly right-of-way, S 1'30'15" W 64.99 feet; thence N 88"29'45" W 20.00 feet; thence N l"30'15" E 64.70 feet to said southerly right-of-way of Road Survey No. 1534, said point being on said 1,450.00 foot radius curve, a radial line to said point bears N O"16'38" E; thence easterly along said curve through a central angle of O"47'25" an arc length of 20.00 feet to the TRUE POINT OF BEGINNING "Dl'. OLW/se 268-01-1 (W)347.71 Page 2 of 2 *.f - '. [ 1'5 4-0' .. " 0562 .. '.. ' .. .. :. .. . . .. ~~ ~~~~ ~ ~ ~~~~ . .. . ... . .. :. .': .:.. w 0 .' ,a "99 .-u 0563 1 .. Fi?\FKLL c E!?\ KEL I\/J/\P .. ]\I 3,2993 Am rLIZ~W~31 .. I. ARa"mEPG;6itr\w ewNH txxq 110.WFtZ" P.Oa? A5 'E:\ I .. GI wi .. I. .1 . > .' , I ... : * . .. , .. '.:. '6 . I . .. ~. . i ,. '. s .. . . E5Hl BtT ' B':,. ; B@VBWB!!!l@W m-Ya= GW-? ASSOCIATES ACQUISITI0N:i PLAT CONSULTING ENGINEERS 3qMmI);I E%Eryfw 4455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (619) 576-9200 ',Job No. &% -41- 07987 POUNTNEY d ASSOCIATES, INC Date: qI@/M By: pa NwL.'.SheetB .. f Of 4. She ,. I. ; ., '.-. .. *. 1": 40' .. wI. b ,-& - e e b,, 0564 . .. .. .... -. .... .. ... f .. MrnTm3E rn~wo %&#I4 LzzJ &37# 47ctz = 0.m &. .. .. .. PA\FKEL c, p\r<(+q hjg, 7993 ,. ... ..... .. .. J- J- ddd - :..:., Apt.I .ZIZ/Pqg - 37. ..... .'. ' 5. ... * .. .... .. .. , ,:: .... I E-xUl0t-r .'D' @@@rnmmW .. .....I ,. ~ .. CITY' OF C+RL$BAD ASSOCIATES ACQUISITION ,.PLAT CONSULTING ENGINEERS ~TORM DRAW EA.+~EAIT 4455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (679) 576-9200 'I. . ' ':"Job No. &&Of- 01987 POUNTNEY & ASSOCIATE^ INC Date: q \@J[ e/l By: v. NUL' Sheet 30t 4- She :, .. - .I 4. .- ,, 1 e I.. L * 0 .h b u (r 6565 TI 11' 540' " FAFKEL c p&\F(CF, I I jq o1 299s "-E) l=rnlpw3 -N ExSl N3E.I %IZ-& 47 l/zq7. ?% F'fz = 0.03 PC. .. .. .. p&\F(CF, I I jq o1 299s "-E) l=rnlpw3 -N ExSl N3E.I %IZ-& 47 l/zq7. ?% F'fz = 0.03 PC. .. .. .- ,, 1 e I.. L * 0 .h b u (r 6565 TI 11' 540' " FAFKEL c .. : , -4 :i .. 8 ., ' E%HIBlT '. €3 (%"4=C.Mz- .I' I m@@mwmr,w ASSOCIATES ACQUISITION PLAT CONSULTlNG €NGINE€RS 4455 MURPHY CANYON ROAD, SUITE 200 5mPM 17RAltd EpGWEhrJ- '? ' Job NO. w- SAN DIEGO, CA 92123 (619) 576-9200 01987 POUNJNEY B ASSOCIATES, INC Date: q(@I&q By: D, wi ,Sheet4Of4 2 .. . . ..' i .. .. - 0 ~. * cq@&.'c,, e,: . * \". 1~j3 /,gg L/ 4 , *I il/ ,' j. , ., 5- ."