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Home My WebLink About; KELLY, ROBERT & RICHARD; 88-426574; EasementUti K-FSTEB BVf m '-: "A" ~ .. !.!MIOM !AND TITLE Cd!ip.L;,, 4 .' ' SECORiDli .- ~ "," ~, I '. - '88 426534 1 e \j 0566 i WHEN RECORDED, PLEASE MAIL 9- .. - ..... "_"" . , = ;*> ss=-*-; -..- "". -. z ,-~".~~ .." ..- -.-.-.-.-. ? , i .... . .! . - ri , ,. . " ._ : <I -., :.. z - -.. . , . . .' L". , - - THIS INSTRUMENT TO: I . .." i :,..- - . - . . ,. ....,= . . ._ .. . .I . .:, -- . . .. -. -. . . CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 I GJ &::+ & :-*-i *;: i" <-.q 7rtn c- .?" ?& s;.-q i d-, . ., . . .: :. ... .::?A l , .-. ,-. . : * ,.-: 7 f i , -. - - "+""... -. - *.~.".- -. - .. . , I .i: !... L ' ." " -. - - "".? "-..e EASEMENT DRAINAGE Assessor's Parcel NO. 212-040-38 Project 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. HendriPks, &s&, 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, replacement, reconstruction and inspection 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 -move 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 public 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 wi 11 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 1 sheets, and the attached Acquisition Plat designated Exhibit "B", each made a part hereof by reference. . .* x 'I 0 bb 050 w The Grantee 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 land 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 assigns, of the rights and privileges herein granted. Executed this -/d day of STATE OF ~'!~~T~'~ !SS. County of 'g. on J J~/V , 166 before me, the undersigped, a No and for said Cdnty and State, personally appeared p,.c hqp/ c. personally known to me (or prdved to mi 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. J ofid /go&l-.y 9 /GI79 / blitness my hand and official seal 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. /f--~/y adopted on \7zscv /y &jJ/ , and the Grantee consents to recordation thereof by its duly'autfiorized officer. Dated 7-2°K BY d" ALETHA L. RAlfkNkhNc$ty%& *. I. I. ' . ,. $ ,< 0 'b~ 90568 0 . I, . *. 1 EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel No. 212-040-38 All that portion of parcel "D", of Parcel Map No. 2993, filed in the offfce 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 fol 1 ows: Beginning at 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, known as Palomar Airport Road, at Engineers Station 78+25.34 E.C. ; thence along said southerly right-of-way S 78'19'53" E (N 78'20'53" W per said R.S. 1534) 94.97 feet to the TRUE POINT OF BEGINNING; thence leaving said southerly right-of-way, S 9'00'00'' W 58.16 feet; thence S 81"OO'OO" E 20.00 feet, thence N 9"OO'OO" E 57.23 feet to said southerly right-of-way; thence along said southerly right-of-way, N 78'19'53'' W 20.02 feet to the TRUE POINT OF BEGINNING. DLN/se 268-01-1 (W)350.3 \. *' i' '4" a b'v L U3bY \ e " " E~T. N 'LY U/W~ -. I - "" R.5. 1534 t-4 78" 14'53'' w 20.02' 5 7 0" 19'53'' e 94.97' ,fRs- L" CN7f3"20t5 "W PEP "WE PONT z 4 OF BEGNNIF\IG O-d$ !it!+ 6 q'Uk - u'3; fiw C&$ U6a ZN4 ut' 2o.m' 7 FARCE L I' D! .. AREATO BE ACQUIRED PARCEL MAP 'NO. 2.993 "Jt-towN E4 I153.4c qtz = 0.03 &=. APH 212 4 040'- 36 EXHIBIT n b~~ @@Bmm!5mw CITY OF CARL~~AD ASSOCIA~ES ACQUISITION PLAT CONSULTING ENGINEERS 4455 MURPHY CANYON RaclD, SUITE 200 SAN DIEGO, CA 92123 (619) 576-9200 Job No. 268-01 01987 POUNTNEY d ASSOCIATES, INC Date: 7/30/07 By:p.WAF(t, Sheet / Of 1 S SXPiM DRAN EASEMEdT a e *&& %-s 7213 /a1 bJ 2 .., #I , - & D b' . *a j I. ', ! ri 1. , A' \'