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Home My WebLink About; KELLY, ROBERT & RICHARD; 88-426572; Easement-*- 1. ' 0 "Q tI2fi57.2 .* .. RECORDING . REQUESTED BY: - v 05 5 4 (..d"" _*c *ST I, I I i ,. _, ..,".. ~,-, ,.- ---. . i - i ",. j. : - - ' ~ -: . .. UM!Oli LAND TlTLE WF;1PRNY : e-- " - .. .. .. - ~. ." . . -.- :- - -. . , ~ - - " : i . . .r .. :\ -. % .. . . . :I .,7 7. . ' WHEN RECORDED. PLEASE MAIL :"<. :_. - - " . : ... . . .. THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 i *-,c a: '4 3 f 7.t: z. L - n "[.-: :: i +l, >- z -2 : ~ c;; i 9 ~~ !*. " iii" .. ._ c,i i . , . , i.-. - . . .. , : ., i: - I , ", -. ..~ .....-.-. 1 ."". ,.". - 1 . _, i, - .: . .. , ~ . . . *:!..i?.. [ :- . - -- 3-3 """ 4 $,%fj 4 NO TRANSFER TAX DUE &/&? .Y u .-& ,/ SPACE ABOVE FOR RECORDER'S USE ONLY ", ' 1 EASEMENT FOR PUBLXC HIGHWAY Assessor Is Parcel NO. 212-040-37 Project W.O. No. ROBERT P. KELLY and RICHARD C. KELLY, as Trustees under that certain Irrevocable Trus dated November 25, 1985, FBO Robert P. Kelly, Richard C. Kelly and Irene K. Hendriks %, as to an undivided one-half (1/2) interest; and RICHARD CARROLL KELLY .an ROBERT PATRICK KELLY, as Trustees under that certain irrevocable Trust dated Augus 31, 1982, for the benefit of IRENE K. HENDRIKS, et al., as to an undivided one-ha1 (1/2) interest hereinafter called GRANTOR do(es) hereby grant, convey and dedicate t the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, its successor and assigns, an easement for public highway and public utility purposes and incident 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" and the attached Acquisitio P1 at designated Exhibit 'IB", each made a part hereof by reference. , 57 .^ 0 \r t i 0555 0 * I ?&e Grantor hereby further grants to the City of Carlsbad that privilege and right to 4 extend drainage structures and excavation and embankment slopes beyond the limits of their herein described right-of-way where required for the construction and maintenance of said Public Highway. RESERVING unto grantor of the above described parcel of 1 and , his successors or assigns , the right to e7 iminate 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 c,laim 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 , 19a STATE OF LJ&- a j’ 9 )ss. County of ,(& fll’~4~~ 1 i & 1); J On 1 , leg, before me, the undersigned, a Notary Public in and for said Count and State, personally appeared &BF> 23: ,$$/A, k lqd personally known to me/(or proved 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 helshelthey executed the same. 1. - Witness m hand and official se This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. //--+& adopted on JZay /9 /yff , and the Grantee consents to recordat~on thereof by its duly a‘uthorfzed officer. Dated 7-2Q- 8f BY dJ=&% ALETHA L. RAlkN$A*eyk ' :7 " *, i 0 w-0 e 6 E XH IB IT "A" Assessors Parcel 212-040-37 A71 that portion of ?arcel "C", of Parcel Hap No. 2993, f'leti in The office of the County 2ecorder of San Ojego County, August 23, 1974, in the City of Carlsbad, County of San Diego, State of California, belng more particularly descr'bed as fol1 ows: 3EGINNING at the most northeasterly corner of said Parcel "C", said point being on the southerly right-of-way of Pal omar Airport Road, accordjng to Road Survey No. 1534, on file in the office of the County Surveyor of said County, said point being on a curve concave southerly and having a radius of 1,450.00 feet a radial line to said point bears N 05°54'10" E; thence along the northeasterly 1 ine of said Parcel "C" S 28"21'23" E (S 28"55'39" E per Parcel Map No. 2993) 59.73 feet to the intersection with a non-tangent curve concave southerly having a radius of 2,175.00 feet, a radial line to said point bears N 5"46'32" E; thence westerly along sajd non-tangent curve through a central angle of Z"26'32" an arc length of 92.71 feet to a point of reverse curvature with a curve concave northeasterly and having a radius of 40.00 feet; thence easterly along said reversing curve through a central angle of 31"14'20" an arc length of 21.81 feet to a point of reverse curvature with a curve concave southwesterly and having a radius of 40.00 feet; thence easterly along said second reversing curve through a central angle of 32"20'47" an arc length of 22.58 feet to a point of compound curvature with a curve concave southerly and having a radius of 2,187.00 feet; thence westerly along said 2,187.00 foot radius curve through a central angle of 13'46'36" an arc length of 525.86 feet to an intersection with the northwesterly line of said Parcel "C", said point a1 so being on the southeasterly right-of -way of Palomar Airport Road according to said Road Survey No. 1534; thence leaving said curve, non-tangent, along the northwesterly line of said Parcel "C" North 70"46'53" E (N 70"12'37" E per Parcel Map No. 2993) 2.11 feet to the beginning of a tangent curve concave southerly having a radius of 1,450.00 feet; thence easterly along said curve through a central angle of 25"07'17" an arc length of 635.75 feet to the point of 8EGINNING. DLW/1 cd 268-01-1(~).300.24 I : ,i. 4 le b \j e7 -:: .. .. . ,* b WLY LIME rmcw, 'C' 4 SW'LY LINE Pc\RCE.L 0. P.M 2.993 UE'LY CaRUEf? p&%% 'G I 320°Z\'23'' ,d 59.73' (v 20" 55 '36",W .. PER PM. 29 .. .. . '. ~~3let4'20" P~4;O~OO' L=21.01' .. AKa TU'DE A IB,B@.Gf .Ffz=0&AC I .. .. . .. IB@BB@rnrnW I I" SSOCIATES I ClT7~- OF- &S#LSBAD ACQUlSlTlObk . ,. ... PLAT I CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (679) 576-9200 ;;:..Job No. 268 -( 01987 POUNTNEY & ASSOCIATES, INC Date: 9/30/€37 By: D. W&IL ";Sheet 1 Of 1 Shi .. .. EXCI 1131" ' b ". . : '.. ~ u I e w++yj * L.lJ3/ia5 **&,' ? *. . "lr 4' ,,I$ k