HomeMy WebLinkAbout; NEW ENGLAND MUTUAL LIFE INSURANCE CO.; 1992-0512700; Easement'( ,
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' ' THIS INSTRUMENT TO: c ;:=- 3 '5 - gj3JG-19'72 :2s z 50 f ,-& .7
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CITY CLERK [
CITY OF CARLSBAD
1200 Carlsbad Village Drive [ k '.-
CARLSBAD, CA 92008
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RECORDING REQUESTED BY c
ENGINEERING DEPARTMENT [ SPACE ABOVE FOR RECORDER'S USE ONLY
NO TRANSFER TAX DUE y42@/0 -6
DRAINAGE EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORATION
hereby GRANTS to
THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION,
an easement and right-of-way upon, through, under, over and across the hereinafter described real propert for the installation, construction, maintenance, repair, replacement, reconstruction and inspection of an
enclosed or unenclosed drainage structure and all structures incidental thereto, together with the perpetual right to remove buildings, structures, trees, bushes, un.dergrowth, and any other obstruction interfering wit1
the use of said easement and right-of-way. To have and to hold said easement and right-of-way unto itse
and unto its successors and assigns forever together with the right to convey said easement, or any portion I said easement, to other public agencies.
The real property referred to hereinabove and made subject to said easement and right-of-way by this grar is situated in the CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, and is more particularly described in the attached EXHIBIT "A" and as shown on the attached EXHIBIT ''B'':
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 drainage structure. The Grantee, its 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 drainage structure 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 contactor 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 successor and assigns, of the rights and privileges herenin granted.
(MacFARLANE & ASSOCIATES) @ (DRAINNE
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The construction of the proposed improvements shall be completed in accordance with the City's Improvement Plans
Drawing No. 326-7 and as more specifically shown on the following drawings:
(1) Retaining Wall Plan R1
(2) Planting Plan HPI - HP3
(3) Irrigation Plan HP7 - HP9
(4) Contour Grading Plan GI - G2
(5) Summary of Quantities Q1
(6) Layout Plan L1 - L2
Executed this 22nd day of January 19972
NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORATION +k
BY: d"
BY :
dssfs-f,as\,% c.2eL-k
(ATTACH NOTARY JURAT) .+ BY COPLEY REAL ESTATE ADVISORS. INC.
s Its Asset Manager and Advisor
hereunto duly authorized
"IlS 1s TO CERTIFY that the interest in real property conveyed by the foregoing deed or grant to the CITY OF
CARLSBAD, a Muncipal COrpOratiOn, is hereby accepted on behalf of the City Council of said City of Carlsbad PUrSUant to authority conferred by Resolution No. 91-396 , adopted on
authorized officer.
December 10 , 1991, and the GraQtee consents to the recordation thereof by its duly
MAYOR, CITY OF CARLSBAD
(MacFARLANE 8 ASSOCIATES) (DRAINNE
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1 '*
COMMONWEHLTH OF MASSACHUSETTS 1
COUNTY OF SUFFOLK ) ) ss.
On this 22nd day of January, 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLVLM J. SALISBURY and
KEVIN P. O'BRIEN, personally known to me (or proved to me on the basis of satisfactory evidence) to be the MANAGING DIRECTOR and ASSISTANT CLERK, respectively, of COPLEY REAL ESTATE ADVISORS, INC., a Massachusetts corporation, the corporation that executed the within instrument on behalf of NEW ENGLAND
MUTUAL LIFE INSURANCE COMPANY, a Massachusetts corporation, the corporation therein named, pursuant to its bylaws or a resolution of its board of directors, and acknowledged to me that Copley Real Estate Advisors, Inc., executed the within instrument on behalf of New England Mutual Life Insurance Company as its free act and deed.
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Notary hbfic i /dAL & /Yor the Co-onwealth b{. )&$+ of Massachusetts
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li 4~ Commission Expires %pt. 7, 1995
[ JOAN M. SUTTON, NOW Pub\ic
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j *- 1319 e Exhibit
The City of Carlsbad
I-5/Palomar Airport Road Interchange Widening
Boyle Engineering Corporation
Legal Description for Drainage Easement No. 1
Being a portion of Parcel 1 of Parcel Map No. 15386 being a portion of Lot "H" of
Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of
California, according to Map No. 823, filed in the office of the County Recorder of San
Diego County, November 16, 1896 and recorded September 16, 1988 as File No. 88-
467980 of Official Records.
COMMENCING at the northwesterly corner of said Parcel 1;
Thence South 84"25'48" East (North 84 o 28'34" West as shown on Caltrans Right-of-
Way Map L.O. 3773) 109.32 feet along the northerly line of said Parcel 1 ;
Thence South 62 O 07'37" East 125.00 feet along the northeasterly line of said Parcel 1, to
the POINT OF BEGINNING;
Thence South 62 O 07'37" East 12.00 feet along said northeasterly line;
Thence South 27 O 52'23" West 9.00 feet;
Thence North 62 a 07'37" West 12.00 feet;
Thence North 27 "52'23" East 9.00 feet to the POINT OF BEGINNING.
The above described portion of said Parcel 1 containing 108.00 square feet more or
less. @=?dl; e & ,e" '?5 x.\)
la C>"? =3l, i'k. 6458 !I \L+ EXQ. (jF i C*k\Tii>''' 2,'3 1;94 /LJ. 7- 9- " 9/
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