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Home My WebLink About; KELLY, ROBERT & RICHARD; 88-426571; Easementf h 1 " t '. . *. ECORDING RW9TED byi 6 4265fl i L" w- 0543 I .* .. UNION U!ND TITLE 03MAV I lm"" ".: i '. WHEN RECORDED, PLEASE MAIL .. f .7..-:".. . " ~ . . <-..-. .-.." "," :. ..,::;.:;,"': *>&: . ~. ". .-, ,- .., . + =.._ ". i -. t 1. I :, - .- --.-<. . . . '.:2? i THIS INSTRUMENT TO: .. . ,. .. .._ . . .. ~ . ~. ." : -*-+ . j_ - I. .-.. .. .. . 1 CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 pp -2s. 2: Sf 5." i"., 25 pz 2: 59 - cj "i- -~ t :.,,.-:-;: f ; ">*' - ; ."..,-. ~.,~ j j :- ;..._'- 1 "f 1 ,- -. .~. " ." t . -j ." -. !.,<:.,.E, ; , -. . ;:I -:I i . _i ...: ,~' ...-,--",~ -..e>" EASEMENT FOR PUBLIC HIGHWAY Assessor ' s Parcel NO. 212-040-38 Project W.O. No. ROBERT P. KELLY and RICHARD C. KELLY, as Trustees under that certain irrevocable Trust dated Nov. 25, 1985, fBO Robert P. Kelly, Richard C. Kelly and Irene K. Hendri,#ks, s hereinafter called GRANTOR do(es) hereby grant , convey. and dedicate to the CITY ( Of CARLSBAD, State of California, hereinafter called GRANTEE, its successors and assigns, an easement for pub1 ic highway and public utility purposes and incidents1 thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as follows: See the attached legal description designated Exhibit "A", consisting of 2 sheets, and the attached Acquisition Plat designated Exhibit "B", each made a part hereof by reference. 0 < 'I Cr 05s) 0 'I ? 0. .-. %e Grantor hereby further grants to the City of Carlsbad that privilege and right to . extend drainage structures and excavation and embankment slopes beyond the limits of their herein described right-of-way where required for the construction and d maintenance of said Public Highway. RESERVING unto grantor of the above described parce7 of 'land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway, The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property by reason of this grant of easement rights and the location, construction, landscaping or maintenance of said public highway. Dated this /& day of ~~ ~ STATE OF &J&m i14 )ss. County of sen f177p9~ 1 1 On i &b , 19x before me, the undersigned, a Notary Pub1 ic in and for said County d(d State, persoK11 appeared personally known to me (or proved tdme 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, 2 j?p&-,,+ p. /$G//v 4 fl/ /@,7&d c . // f4y 1 Witness my hand and official Witness mv hand and official seal . @2?5J(g] Notary Public in and for( said Count ;y and State 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. &?-=3?9 adopted on JZLV /y, /7? , and the Grantee consents to recordation thereof by its duly duthor'ized officer. Dated 7-20- 88 BY h d. Q& ALETHA L. RAUTENKRANZ, City Clark 1. .I > ,. I* d 1 0 .. , 2, -~.055 P EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel No. 212-040-38 A77 that portion of Parcel "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 f ol 1 ows: BEGINNING at the northeasterly corner of said Parcel "D", thence along the southeasterly line of said Parcel "D", S 14"10'59" W,(S 13"36'43" W per Parcel Map No. 2993) 13.01 feet; thence leaving said southeasterly 1 ine 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"OO'OO" 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 1 ength of 38.11 feet; thence tangent , S 11"40'07" E 30.56 feet; thence N 78"19'53" W 102.00 feet; thence N ll"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"46'51" 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 ang1.e of l"06'44" an arc length of 42.22 feet to a point of intersection with the southwesterly line of said Parcel "D", a radial line to said point bears N 5"46'32" E; thence along said southwesterly line N 28"21'23" W (N 28"55'39" W per Parcel Map No. 2993) 59.73 feet to the northwesterly corner of said Parcel "D", said northwesterly corner being a point on. the southerly right-of-way of Road Survey No. 1534, on file in the office of the County Surveyor of said County, said point being on a DLW/ 1 cd 268-01-1 ( W) .300.23 Page 1 of 2 7 -. I 0 .. I_ J':u 0552 0 ..I 1. non-tangent curve concave southerly and having a radius of 1,450.00 feet, a radial line to said point bears N 5"54'10" E (S 5"54'27" W per Parcel Map No. 2993); thence easterly along said non-tangent curve and the northerly line of said Parcel "D" through a central angle of 5"45'57" an arc length of 145.92 feet; thence tangent to said curve S 78"19'53" E 573.30 feet (S 78"54'09" E per Parcel Map No. 2993) , to the point of BEGINNING. . D LW/ 1 cd 268-*01-1(~) .300.23 Page 2 of 2 -t < .- ,# T. , . 1. # t. * L. 1% * -*0553 -~ PUl" d= u.c'Li CDpbW pzGlbJr4NG1 AREA 7-0 DE WUlRF;D ,-. . .. . . -- 5clowl-l DZ , ;:: ;;*;:- ;,-.- : ' .. - SI-. :" I,. ;. ., . 2o,&$p,.g,r[.z = 0.4-7bG. AW 2/2-0~ - 30 "Lf LldE FiY KM. 2443 t* 41.3 ' /&Ge53g\~u3 "- A*94'&6' RE 25.00 51 - H m'21'23" ld "A. 72, ( N B* -I 34"Lil @K l%f. m3) .. . ,'_ , ._ .. . . . . ,._. ... . .... ". * I I . . " ... : - .l." ;; - ;. . .I.,: * I , :?;*.;..:; ,.. . .. .. , ... .* a" e. .. ..' * .\ .f . ". CONSUUING ENGINEERS An55 MURI'I IY CANYON ROAD, SUITE 200 EX\--/ I Vk-1. " f?. !I . - Job NO. .zGB- I. I Y p >* L I) I// 3 /&E? h.4.. &@& % : , 1, <,. ” ’ .e I s; I I, i ,’ ‘I ‘i. ’ ’