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Home My WebLink About; KELLY, ROBERT & RICHARD; 88-426570; Easement"a .* : -i ' &CORDING R' STET) 8'fi ." *as 426570 NlQN NND TITLE C3UP/",r!'/ f " e 05 4 3 ?"- :_"" ...-.:. *-.-. :j i =-" WHEN RECORDED, MAIL TO: 1 ' " ; i: .>. . - . .. .- .. .. .. .. . -. ; . c ," - .. . i -. 7. . -*_ i .. . . . ., ._I - ., . 7,. . .- ,. . . .. . . .. .~, - . .-. 1 CITY CLERK 1 CITY OF CARLSBAD 1 1200 Elm Avenue 1. Carlsbad, CA 92008 1 1 "i .? E i j!l r- F 5.3 r.. r 17 k-;.?, 1.1 -.- ,: ", I . ' . . ."., 1 ...- ;**a: x ! ; t-. :I 4 ...".. .~ . ~ , ZLi.-- ,- r i .- . .- .. . .,- . , :-. .": _." -... : j , ,. ; " . ,.-i---- -. ~ ... - .., ,..,:-it $ I .. . I .. , . .L. 1._5" ".-A 1 NC NO TRANSFER TAX DUE ) SPACE ABOVE FOR RECORDER'S USE Gyl \ 7 .-c ,I> I ~ i ." .; DOCUb9EMTARY TmSFER fa !$--=--.-*- $ EASEMENT FOR OPEN SPACE Assessor's Parcel NO. 212-040-38 Project: Palomar Airport Road ROBERT P. KELLY and RICHARD C. KELLY, as Trustees under that certain irrevocable Trust dated November 25, 1985, FBO ROBERT P. KELLY, RICHARD C. KELLY, and IRENE K. HENDRI$KS, r&-ek, hereinafter designated Grantors, do 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: 4 1 ) A perpetual easement for open space over, upon, across and under the subject land upon which no building, structure or other thing whatsoever shall be constructed, erected, placed or maintained on the subject land except as may be permitted by written permission of the Grantee; 2) The perpetual right, but not the obligation to enter upon the subject land and remove any buildings, structures or other things whatsoever constructed, erected, placed or maintained on the subject land contrary to any term, covenant or condition of this easement. Grantors covenant and agree for themselves and their successors, and assigns as follows: (a) That they shall not erect, construct, place or maintain or permit the erection, construction, placement or maintenance of any building or structure or other thing whatsoever on the subject land other than such building, structures or other things as permitted by written permission of the Grantee; (b) That they shall not use the subject land for any purpose except for open space purposes; (c) That they shall not excavate or grade, or permit any excavating or grading to be done or place or allow to be placed any sand, soil, rock, gravel, or other material -1 - /x/ /A,s&. \, \ ~ c--> i f, P j,., i \ \, ,\*., i ! //'' \" ".*A- """/ 0 ' Ld 054% . .,/ 4 whatsoever on the subject land without the written permission of the City of Carlsbad or its successors or assigns; (d) That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceed- ings in the Superior Court of the State of California. The grant of this easement and its acceptance by Grantee shall not authorize the public or any members thereof to use or enter upon all or any portion of the subject land, it being understood that the purpose of this easement is solely to restrict the uses to which the subject land may be put. This easement shall bind the Grantors and their successors and assigns. That within said open space easement, the subject area will be left in natural state for the protection of endemic biological resources, and no clearing or removal of any vegetation shall be permitted except hand brush clearing for fire protection purposes by written order of the office of fire services coordinator within said open space easement, and except as for landscaping and the placement of drainage structures and associated rip-rap within said open space easement, without the written authorization of the City of Carlsbad, its successors or assigns. Grantee, its successors and assigns, shall have the right to convey said easement, or any portion of said easement, to other public agencies. If a substituted open space area(s) is/are designated on the real prop- erty referred to herein, but at a different IocationIs), 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 open space is granted to Grantee, which in the sole discretion of the City of Carlsbad will pro- vide an equivalent easement(s) and facility(ies) for open space 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 a5 follows: See the attached legal description designated Exhibit "A" and the attached Acquisition Plats, designated Exhibit "B", each made a part hereof by reference. There is reserved to Grantors, their successors and assigns, the right and privilege to use the above-described land of the Grantors 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 the ,. -L - .. l e ,. I. Lu 05125 rights and privileges herein granted. Executed this 1 day of st& #dT/& OBER IT KZLL 72 / Trustees Under Irrevocable Trust Dated November 25, 1985, For the Benefit of ROBERT P. KELLY, RICHARD C. KELLY and IRENE K. HENDRICKS, et al. STATE OF CALIFORNIA ) ) ss: COUNTY OF SAN DIEGO 1 1 in an -.. - 1 d> /-$ ' , 1988, before me, the undersigned, a Notary Public On &County and State, personally appeared RICHARD CARROLL KELLY and ROBERT P. KELLY, personally known to me (or nrnved tn me nn the basis of satisfactorv evidence) to be the persons r ."" " ..__ ___ "" """ . ~~~ ~ whose names are subscribed to the to me that they executed the same. WITNESS my hand and official - seql. &J?g$g--f// ,. . .cI /fl&L ?: Notary Public wi ?owledged 4 THIS IS TO CERTl FY that the interest in real property conveyed by the foregoing Corporation Grant Deed to the City of Carlsbad, a munic- ipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No. Jf-249 adopted on its duly authorized officer. r v 0. ~FBk/ , and Grantee consents to recordation thereof by '1 Dated : 7-20 -8d Ad&. Bny ALETHA L. RAUTENKRANZ City Clerk 1 DK:MDDCT4/061588c -3- a, * -I GOVERNMENT CODE 27361.7 * u 05.46 - I certify under the penalty of perjury that the nota'ry seal the document to which this statement is attached, reads as' follows: NAME OF NOTARY ~\ct-t&L A- f/bL DATE COMMISSION EXPIRES re% i! c lq$L . COUNTY WHERE BOND IS FILED % Q&m PLACE OF EXECUTION S~O bi~m DATE ?k!,<\$f ignature and firm name (s,a k ) >\ 1 ?. . .I *( '/ '. 1, '> e .. -v@547 , .F EXHIBIT "A" Assessors Parcel No. 212-040-38 All that portion of Parcel I'D", of Parcel Map No. 2993, filed in the office of the County Recorder of San Diego County, August 23, 1974, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at the northeasterly corner of said Parcel "D", thence along the easterly line of said Parcel "D", S 14'10'59" W (S 13'36'43" W per Parcel Map No. 2993) 13.01 feet to the TRUE POINT OF BEGINNING; thence leaving said easterly line N 78'19'53" W 99.73 feet to the beginning of a tangent curve concave southwesterly and having a radius of 2,237.00 feet; thence westerly along said curve through a central angle of 2'40'07" an arc length of 104.19 feet; thence tangent to said curve N 81'00'00" W 281.45 feet to the beginning of a tangent curve concave southeasterly having a radius of 25.00 feet; thence along said curve through a central angle of 87'19'53" an arc length of 38.11 feet; thence tangent S ll"40'07" W 30.56; thence N 78'19'53" W 102.00 feet; thence N 11'40'07" E 10.00 feet to the beginning of a tangent curve concave southwesterly having a radius of 25.00 feet; thence northwesterly along said curve through a central angle of 94'4S151" an arc length of 41.36 feet to a point of compound curvature with a curve concave southerly and having a radius of 2,175.00 feet; thence westerly along said 2,175.00 foot curve through a central angle of 01'06'44" an arc length of 42.22 feet to a point of intersection with the southwesterly line of said Parcel 'ID", a radial line to said point bears N 05'46'32" E; thence along said southwesterly 1 ine S 28'21'23" E (N 28'55'39" W per Parcel Map No. 2993) 20.11 feet; thence S 86"OO'OO" E 36.36 feet; thence S 04'00'00" E 38.00 feet; thence S 78"19'53" E 109.37 feet; thence N 42"30'00" E 49.73 feet; thence S 79"OO'OO" E 328.61 feet; thence N 74"Of)'OO" E 68.00 feet; thence S 77"OO'OO" E 64.00 feet; thence S 10'00'00" E 45.00 feet; thence N 84'00'00" E 15.11 feet to the easterly line of said Parcel "D"; thence along said easterly line N 14'10'59" E 47.86 feet to the TRUE POINT OF BEGINNING. DLW/s e 268-01-1(~) .385.25 NE'LV CORNER PAY? "k9" PARCEL MAP NO. 2qq3 dL054{ N 14' lo' 59" E t3.0 1 ' RUE POINT OF 63E%\NN\NG E'LY L\NE PAF PARCEL MAP NO. \ \SW'LY LINE PAR "0" . PARCEL MAP NO. 2993 APN 21 ?"O40"8 AKEA TO BE ACQUIREO SHOWN W/J//A EXHIBIT "6" ACQUl§lTION PLAT C\Tf OF CAKL50AD I OPEM 5PKE .: EA5EMU\rP CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92723 (619) 576-9200 Date: 5/l Ill38 BY:^ wp\uI - Sheet 1 Of 1 SI m70R7 POI lNTNFY X A<<T)fIATF< INT Job NO. 268-( e 4 i II) “-3 -. I .., I I 43 /€5? .I ...( . * .* -. k 4