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Home My WebLink About; NOMIYAMA, TETSUO T. & TSURU; 1995-0253589; Easement-,.n".rr.- _. . . I ...- . .." -_. "_. . - I;-* ~~~ j +EN RECORD~~D, PLEASE W 1 THIS INSTRUMENT TO! CITY CLERK CITY OF CARLSBAD 1200 Carlsbad Village Drive CARLSBAD, CA 92008 RECORDING REQUESTED BY ENGINEERING DEPARTMENT I NO TRANSFER TAX DUE 945 %!?70* # j,:! - f iri; ,', , TU3 .- . , ". -. I .: Assessor's Parcel NO: APN 216-030-48 I i.1. OFFICfht RECDRDS SAW 1)fEfiO C[)IINIY REComEP5 flF1'ZCt. GREGIiitlY I?'t"tITf.! I CTII1H'TY RECI!BDEi? FEES: It. or) #A NO RECORDING EEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 6103 OF CALIFORNIA GOVERNMENT CODE EASEMENT DEED (PUBLIC RIGHT-OF-WAY) F'roject: La Costa Avenue t2 1-5 Interchange Widening Parcel No.: R/w OlNOMI FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TETSUO TIA4 NOMIYAMA and TSURIJ NOMIYAMA, Trustees of the TETSUO TIM NOMIYAhIA and TSURU NOMIYAivlri REVOCABLE LIVING TRUST Dated May 9, 1991 hereby GRANTS to THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, an easement for public street purposes and uses incidental thereto, together with a temporary construction easement, over, under, along and across the hereinafter described property. The real property referred to hereinabove and made subject to said public street easement is situated in the City of Encinitas, County of San Diego, State of California, and is more particularly described in the attached Exhibit "A-1" and as shown on the attached Exhibit "B-1". The real property referred to hereinabove and made subject to said temporary construction easement is situated in the City of Encinitas, County of San Diego, State of California, and is more particularly described in the attached Exhibit "A-2" and as shown on the attached Exhibit "B-2". The Grantor understands and agrees that the Grantee shall have the right to convey its public street easement interest as described in said Exhibit "A-1" to the City of Encirlita:; or the State of California. The Grantee agrees that it shall be responsible for the restoration of the area lying within the temporary construction easement to the condition existing prior to entry, as nearly as possible. If any existing landscaping, related irrigation system, or fencing is damaged, it will be replaced in-kind. The existing fence shall be removed and reconstructed behind said temporary construction easement. JANMAC, INC. / Expropriation Consultants (carlsbadUca&i~docrnentDEEDNOMI) . ,. . r 0 % 4 The Grantor is conveying the above described property with the understanding that the proposed street improvements shall be completed at no cost to the Grantor and that the improvement costs shall not be charged back or assessed to the property now or in the future. This document was executed this .’ /$ day of +&I2 , 1995. TETSUO TIM NOMIYAMA and TSIJRU NOMIYAMA, Trustees of the TETSUO TIM NOMIYtlLMA and TSURU NOMIYA?dA REVOCABLE LIVING TRUST Dated May 9, 1991 By: By: Jw, 2- A/irr-P-rXn*J TSURU NoMIYAMzmsteg . (NOTARY JURAT) STATE OF [i);&W%&. }ss. COUNTY OF 0-46 1 1 on R43-45 before me, \ \IML &I5 hk!h;&- dha, ?&\k .-. Owxuawr~ and “GURU &w; w..mA personally known to me (or proved to me on the basis of satisfactory evidence) to be the perssn(sj whose name@ iskscbscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisher&&authorized capacityu, and that by hishedtheir signature(s) on the instrument the persons or the entity upon behalf of which the personaacted, executed the instrument. WITNESS my hand Signa - I - .- - mis area for official notarial seal) THIS IS TO CERTIFY that the interest in real property conveyed by the foregoing deed or grant to the CITY OF CARLSBAD, a Municipal corporation, is hereby accepted 011 behalf of the City Council of said City of Carlsbad pursuant by Resolution No. the Grantee consents to the recordation thereof by its duly authorized officer. 4, 9s- SI , adopted on MAYOR, CITY OF CARLSBAD JANMAC, INC. / Expropriation Consultants (carlsbadUca&i5\documentDEEDNOM~ . ..- , J a e 705 AN EASEMENT FOR PUBLIC RIGHT-OF-WAY, LA COSTA AVENUE, BEING A PORTION OF LOT 1 OF AVOCADO ACRES NO. 3, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2063, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON OCTOBER 3,1927, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, MAP 2063, SAID CORNER ALSO LIES ON THE NORTHERLY BOUNDARY OF THE PUBLIC ROAD KNOWN AS LA COSTA AVENUE PER ROAD SURVEY 346 AND ROAD SURVEY 1796; THENCE EASTERLY ALONG THE NORTHERLY BOUNDARY OF SAID LA COSTA AVENUE, SOUTH 89’23’15” EAST (RECORD SOUTH 89’52’ EAST PER SAID MAP 2063) (FOR THE PURPOSE OF THIS DESCRIPTION, BEARINGS ARE IN TERMS OF THE CALIFORNIA STATE PLANE COORDINATE SYSTEM, NAD27, ZONE VI) 17.81 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY, SOUTH 89”23;15: EAST 93.50 FEET TO THE WESTERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED AS PARCEL CONVEYED TO CHEVRON U.S.A. INC., A CORPORATION, BY DEED FILED ON ALONG SAID BOUNDARY, NORTH 00”20’38” WEST (RECORD SOUTH 00’50’30” EAST, PARALLEL WITH THE WEST LINE OF LOT ONE (1) PER MAP 2063) 7.57 FEET; THENCE TANGENT 1080.54 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 06’ 19’37” EAST; THENCE WESTElUY ALONG SAID CURVE 90.22 FEET THROUGH A CENTRAL ANGLE OF 04’47’02” TO THE POINT OF BEGINNING. DECEMBER 12,1984, AS FILE NO. 84-462951 OF OFFICIAL RECORDS; THENCE NORTHERLY LEAVING SAID BOUNDARY, SOUTH 83‘43’22” WEST 3.48 FEET TO A POINT ON ANON- SD-CI7-400-58/LD969870.DOC/ermlRSP/031695 PAGE 1 OF 1 EXHIBIT “A-1 It ”\-A \ I .* " , ,. * 1 ’i a e 707 ALL THAT PORTION OF LOT 1 OF AVOCADO ACRES NO. 3, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2063, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON OCTOBER 3,1927, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, OF MAP 2063, SAID CORNER ALSO LIES ON THE NORTHERLY BOUNDARY OF THE PUBLIC ROAD KNOWN AS LA COSTA AVENUE PER ROAD SURVEY 346 AND ROAD SURVEY 1.796; THENCE EASTERLY ALONG THE NORTHERLY BOUNDARY OF SAID LA COSTA AVENUE, SOUTH 89’23’15” EAST (RECORD SOUTH 89’52’ EAST PER SAID MAP 2063) (FOR THE PURPOSE OF THIS DESCRIPTION, BEARINGS ARE IN TERMS OF THE CALIFORNIA STATE PLANE COORDINATE SYSTEM, NAD27, ZONE VI) 1 11.3 1 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED AS PARCEL 3 CONVEYED TO CHEVRON USA INC., A OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY OF SAID LA COSTA AVENUE, SOUTH 89’23’ 15” EAST 15.29 FEET TO THE BOUNDARY OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 3 1 , 1960, AS FILE NO. 215375 OF OFFICIAL RECORDS; THENCE ALONG SAID BOUNDARY NORTH 45O17’19” EAST 0.85 FEET TO AN ANGLE POINT IN SAID BOUNDARY; THENCE NORTH 75’32’04” EAST 62.53 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 75’32’04‘’ EAST 32.15 FEET; THENCE LEAVING SAID BOUNDARY, NORTH 10’36’45’7 WEST 5.46 FEET; THENCE SOUTH 83’40’22” WEST 107.33 FEET TO THE WESTERLY BOUNDARY OF SAID PARCEL OF LAND DESCRIBED AS PARCEL 3 CONVEYED TO CHEVRON USA INC.; THENCE SOUTH 00’20’38” EAST (RECORD SOUTH 00’50’30” EAST, PARALLEL WITH THE WEST LINE OF LOT ONE (1) PER MAP 2063) 10.05 FEET; THENCE NORTH 83’40’22” EAST 76.96 FEET TO THE POINT OF BEGINNING. IT IS UNDERSTOOD THAT SAID EASEMENT IS TEMPORARY AND SHALL TERMINATE LYING ADJACENT TO SAID ABOVE DESCRIBED LAND. IT IS ALSO UNDERSTOOD THAT UPON SAID TERMINATION DATE THE CITY OF CARLSBAD SHALL HAVE NO FURTHER LIABILITY IN CONNECTION WITH SAID LAND DESCRIBED ABOVE. CORPORATION, BY DEED FILED ON DECEMBER 12,1984, AS FILE NO. 84-462951 OF UPON COMPLETION OF CONSTRUCTION OF IMPROVEMENTS TO LA COSTA AVENUED-5 SD-C17-400-58/LDLACOST.DOC/cap/RSP/03 1695 PAGE 1 OF 1 EXHIBIT “A-2’’ N 0 <\x. \ ,5, ' I .." 8" ". .. :grr "~-211 e 0 \'. .I r- k % % 42 "@&