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Home My WebLink AboutPR 3.2.104; Hidalgo, Ernest M. and Avelina; 1999-0732163; Easement-r ~;ECORDING REQUESTED B\* ‘. m@&~ ,q~g~q of iT%ST Ai’dKRiC.~ SmE CO. AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT 1., .,A 9-a A_ 1 DOC i 1999-0732163 Nov 02, 1999 2: 21 PI IFFICIflL REam? 4196 tlllNJ&y~~~ F$: ’ 0.00 : MA 111111111111111 IQQQ-0732163 II ‘Lfy gc, L-L - Space above this line for Recorder’s Use - The undersigned grantor(s) declare(s): NO RECORDING FEE REQUIRED: Documentary transfer tax is $m THIS DOCUMENT EXEMPT FROM FEE ( ) computed on full value of property conveyed, or PURSUANT TO SECTION 27383 OF ( ) computed on full value less value of liens and CALIFORNIA GOVERNMENT CODE encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor’s Project: Poinsettia Lane Extension Parcel No.: APN 215-070-20 Location: Poinsettia Lane & Aviara Parkway DOCUMENT NO.: 031 HIDA Reference: RW/031 HIDA , STRUCTION EASEMENTS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ERNEST M. HIDALGO and AVELINA HIDALGO, son and mother, as joint tenants hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, an easement for the construction and maintenance of a slope and incidents thereto, upon, over and across that certain real property hereinafter described in Exhibit “A” consisting of three (3) pages attached hereto and made a part hereof, and Exhibit “B” consisting of two (2) pages is attached hereto for clarity only, together with; an easement for temporary construction purposes and incidents thereto, upon, over, and across that certain real property hereinafter described in the above referenced Exhibits “A” and “B”. The real property referred to hereinabove and made subject to said slope easement is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described as Parcel 2 in the above referenced Exhibits “A” and “B”. The real property referred to hereinabove and made subject to said temporary construction easement is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described as Parcel 3 in the above referenced Exhibits “A” and “B”. (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\Easements\031HIDA) 04/10/98 <- ’ 4197 It is understood and agreed that the Grantor(s) of the temporary construction easement described as Parcel 3 shall not be held liable for any damage to equipment or injury to personnel of said Grantee, its agents or employees, in the performance of the work done within the temporary construction easement. The temporary construction easement shall remain in force for a period of three (3) years from the date this document has been recorded in the Office of the County Recorder of San Diego County. Upon the expiration of said three (3) year period, the Grantee shall have no further rights or liability in connection with said temporary construction easement. This document was executed this day of -$?< ERNEST>. HIDALGO and AVELINA HIDALGO, son and mother, as joint tenants , 1998. AVELINA HIDALGO (NOTARY JURAT) ,,L . STATE OF C&d& COUNTY OF 9 &I+ On mLxW% before me, PA*V~s +G+u personally appeared 3c pf-f PC* dkwp Al4 bti~‘)ubRcsp b - - personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) & i are subscribed to the within instrument and acknowledged to me same in his/her/their authorized capacity(ies), and that by whk/th err signature(s) on the instrument the person(s) instrument. (This area for official notarial seal) (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXnEasements\031HIDA) 04/10/98 I’ * ;* . : . EXHIBIT “A”. , 4198 LEGAL DESCRIPTION HIDALGO PR. 3.2104 (SLOPE b TEMPORARY CONSTRUCTION EASEMENTS) THOSE PORTIONS OF THE SOUTHERLY TWO ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH., RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN DEED TO ERNEST M. HIDALGO AND AVELINA HIDALGO RECORDED NOVEMBER 20, 1997, DOCUMENT NO. 1997-0588760 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL FIAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL q (REFERENCE ONLY POINSETTIA LANE) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTYRECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72”12’46” EAST, 593.97 FEET (NORTH 72”47’00” EAST, 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SAID POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID CENTERLINE OF POINSETTIA LANE, NORTH 72”12’46” EAST (NORTH 72”47’00” EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02”41’01” A DISTANCE OF 65.57 FEET (02”41’12”, 65.65 FEET PER PAGE 1 OF 3 :DA M:\Legals\l953 Ocean Blum004Al O.doc WO 1953-4 2/27/98 1 8 . 4199 . MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27”50’53”, A DISTANCE OF 680.46 FEET; THENCE NORTH 41”40’52” EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50”47”26” A DISTANCE OF 1241.05 FEET TO A POINT OF TANGENCY ON THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87”31’42” EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL “B”, SAID POINT BEING OCCUPIED BY A % INCH IRON PIPE MARKED “RCE 8210”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. PARCEL 2 (SLOPE EASEMENT) BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG THE SOUTHERLY LINE THEREOF, SOUTH 87”31’12” EAST, 39.05 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 44”57’59” EAST, 178.53 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY TWO ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG SAID NORTHERLY LINE, NORTH 87”31’12” WEST, 51.93 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 (PROPOSED POINSETTIA LANE) SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1349.00 FEET A RADIAL LINE TO SAID POINT BEARS NORTH 47”13’15” :DA M:\Legals\l953 Ocean BlufR004Al O.doc WO 1953-4 2/27/98 PAGE 2 OF 3 . I. ,.:; I . . . . 9200. . WEST; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF Ol”O5’53” A DISTANCE OF 25.85 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 41”40’52” WEST, 144.24 FEET; TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.138 ACRE MORE OR LESS. PARCEL 3 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE SOUTHEASTERLY LINE BEING PARALLEL WITH AND 20.00 FEET SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 2. THE SOUTHEASTERLY -SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF THE SOUTHERLY TWO ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22 AND NORTHEASTERLY IN THE NORTHERLY LINE OF THE SOUTHERLY TWO ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.082 ACRE MORE OR LESS. ?-?--Ye JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :DA M:\Legals\l953 Ocean BluffiO04Al O.doc WO 1953-4 2127198 PAGE 3 OF 3 ---- --- -- --- FRAC-rloNAL \ --- r1os -14630 --- SLY LINE SEC. 22 ---- INDlC.4 TES 3f 4 a, IRON PIPE MARKED “RCE 8210 PER R OF S 12096 INDICATES RECORD DATA PER MAP 12972 INDICATES RECORD DATA PER R OF S 13348 INDICATES RECORD DATA PER R OF S 4772 NO SCALE LEGAL DESCRI.P~OlV PORTION OF FR4CTlONAL SEC. 22, T12.5 R4W, S.&M. THE NORTHERLY LINE OF FtMX’ONAL SECTION 22, T12S, Fuvt-nNc lov9l-iumdm sr slite 200 R4W, S.B.M., PER MAP NO. 13429, I.E. N 89’57’43% Etause% sanoieg~Q9zm SIIIVWWC Plit6l9bSiMOO 9 FXl6W)s.%i-UU 001.xc1 r.ow SHEET 1 OF 2 DEDICATlON PUT - C/W OF CARLSRM 4PPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RESIDENTIAL GROUP SLOPE & TEMPORARY IRYINE, CA 92714 x *#p 3 - 3 -yt CONS7RUC77ON 215-070-20 SUITE 400 5 PARK PLAZA EASEMENTS (714) 251-6100 JOHN W. HILL, JR. L.S. 5669 EXPIRES: g/30/99 PR. 3.2.7 04 EXHIBIT “B” --- -- APN 2 75-070-X’ 0.082 ACRE ---_ --- -----__ ---_ ----_ -- w- ---- --- Ex..ST. 7’ EASEMENT TO 3~ D/EGO GAs k ELECTRIC CO. RECORDED 5/76/72 AS FILE/PAGE ~0. 12.3323 OF O.R. INDICATES SLOPE EASEMENT 4o INDICATES TEMPORARY CONSTRUCTION E4SEMENT DATA SHOWN HEREON IS BASED ON THE FOLLOWING RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715, 6269, 10774, 12096, 13762 AND 7 4630. RECORD OF SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS plbMnNc 7omHuandrarStSrin200 ENcwm+c hlmtgQG9zm FOR PROPERTY LINES SHOWN HEREON. NO SURVMNC PH(6l9bS84SOO~ FX~6l9bSM4W REPRESENTATION IS MADE HEREON AS TO THE LOCATION 0013lc02.0wc OF PROPERN OR OWNERSHIP LINES. SHEET 2 OF 2 DEDlCATlON PiAT - C/N OF CARLSBAD APPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RESIDENTIAL GROUP SLOPE & TEMPORARY IRVINE, CA 92714 s ee 7/J +& CONSTRUCTioN 215-070-20 SUITE 400 5 PARK PLAZA JOHN W. HILL. JR. LS. 5669 EASEMENTS (714) 251-6100 EXPIRES: g/30/99 PR. 3.2.704 EXHIBIT “B” ,. ‘I. .s * * ’ 4203 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated April 25, 1998 from Avelina Hidalgo and Ernest M. Hidalgo to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursuant to resolution No. 98-289 , adopted On September 1, 1998 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: By: , Kbdl R. Ass ant City Clerk