HomeMy WebLinkAboutDabbs, Wesco, Sarkaria, Carlsbad, & Rick; 1991-04-05;4B OdXh'O't f1
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Mutual Release ( "Agreementvv) entered into by and among Kenneth R. Dabbs and Carolyn L. Dak (collectively vvDabbstv) : Wesco Homes, Inc. and Wesco Developme Company (col1ective:ty ttWescorv) ; Dalj it Sarkaria ("Sarkariavt) ; Cj of Carlsbad ( "Carlshadtv) and Rick Engineering Company, a Califorr
corporation ( "Rick" ) .
The Parties are collectively referred to as the IvPartiestv.
1. Recitals. This Agreement is executed with reference and in contemplatioi? of the following facts:
(a) Disputes. Several disputes and claims have arisen L exist between and among the Parties, which are the subject pending litigation described in Sub-paragraph l(b). It is t intention and desire of the Parties to execute a final settleme and resolution of al.1 the existing disputes and claims, regard16 of the nature or basis.
(b) Pending Litigation. On December 22, 1989, Dabbs fil suit by filing its Complaint for Injunction, Damages and Inver Condemnation in the Superior Court of the State of Californj County of San Diego, North County Branch, Case No. N46005 entitl
Kenneth R. Dabbs and Carolyn L. Dabbs vs. Wesco Homes, Inc.. We5
Development Company, Daljit Sarkaria, City of Carlsbad and Does
throuah X, Inclusive; and the related cross-complaints filed amc
the Parties.
(c) Resolution. The undersigned understand, acknowledge 2 agree that this Agreement is a compromise of disputed claims and
not to be construed as an admission of liability by any Party this Agreement.
2. Resolution of Litigation. Concurrently with the executi of this Agreement, each of the Parties shall execute and deli\ a Request for Dismksal with prejudice of the action descrik herein and related cross-complaints. Upon execution of t€- Agreement, counsel :€or Rick shall file the Requests for Dismiss
with the San Diego County Superior Court and upon entrance of t
Dismissal, shall provide counsel for each of the Parties
conformed copy of said Dismissal.
3. Costs. Each Party to this Agreement will bear its c
4. Release of Claims. Each of the Parties, on behalf of i self and its respective successors-in-interest, agents, employee
assigns, affiliates, partners, co-ventures, heirs a representatives, hereby fully and forever release, acquit, a
attorney's fees and costs.
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discharge, each of the other of the Parties and each ST
respective successors - in- interest , agents, employee representatives, departments, officers, directors and each of the of and from any and all liabilities, claims, cross-claims, demand actions, causes oC action, suits, contracts, controversic agreements, accounts and rights, which each of the Parties may ha as against each of the other Parties arising from the issues 2 defenses set forth in this Pending Litigation. The foregoi release shall include, but is not limited to, claims or actions causes of action arising out of or relating to any laws or statut of the United States or any State thereof including any allec breach of the duty of good faith and fair dealing or unfair claj
practices or acts concerning the issues and defenses set forth
this Pending Litigation. This Release shall not apply to i
obligations created by this Agreement.
5. Consideration. Upon execution of this Settlemc Agreement the Parties shall perform the tasks and deliver t documents necessary to accomplish the tasks in accordance with t following terms and conditions in consideration for the settlemc
of the Pending Litigation:
Wesco wil:L provide for an utility easement across Lot of the Wesco development known as Vista de la Valle, Carlsbad Trz No. 88-2 to Doreet Way to provide Dabbs with the ability to connc to the underground sewer and water utilities located below Dorc Way. This easement shall be sufficient to connect two residenc (to accommodate a future lot split). This easement is mc particularly described in Exhibit IrAI1 to this Agreement, which a copy of the Grant of Easement to be recorded in the Offici Records of San Diego County as maintained by the County Recorc for San Diego County. It is expressly understood by all partj
hereto that in priwiding for the easement described in tl
paragraph, neither Fresco nor any other party other than Dabbs shz
be obligated to incur any costs or to provide either directly
indirectly any labor, services, equipment and/or materials relat to the actual construction and connection of the utilitj
described in this paragraph.;
(a)
(b) Carlsbad will allow Wesco to grant the utility easemc to Dabbs as set forth above and shall allow Dabbs or his success
in interest to apply for permission to connect to the sewer i
water utilities located under Doreet Way. Any connection char(
or other fees normally charged for connection to sewer utilities
Carlsbad shall be the responsibility of Dabbs and/or his success in interest according to law. Construction of any connections
use, along with any costs, fees, assessments or other charges
fiscal obligations imposed by law or incurred in the use of
construction activities associated with that use of the easemc
described in paragraph 5 (a) shall be the responsibility of Dal: or his successor in interest only, and not of any of the ot€ parties to this agr'eement;
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(c) Dabbs shall have recorded an amendment of the 20-fc recorded easement that currently encumbers Sarkaria's property 2
is contained in the Grant Deed dated March 3, 1972 and located Book 1972 at File/Page 52230 of the Official Records of San Dic County. This amendment will provide for the termination of t easement described in this paragraph at the time an alternatj access easement is provided in accordance with the conditions paragraph 5(d). A copy of the amendment is attached to tk Agreement as Exhibit B;
Sarkaria shall have recorded an easement for ingress 2 egress in favor of 1)abbs along the route Dabbs claims prescriptj rights and is preseintly used by Dabbs for ingress and egress fi
Dabbs property to Elm Avenue. This easement shall be of sufficit width to accommodate access to two residences on the Dabbs propel
as currently required by Carlsbad to allow a future lot split Dabbs into two residential lots, and is illustrated for purposes
this Agreement on the attached Exhibit tlCtt, which is the Grant Easement which is to be recorded in the Official Records of t
County of San Diego as maintained by the County Recorder of 5
Diego. Said easement shall provide for automatic termination uy an alternate equivalent access being provided through the Sarkai
property (whether by Sarkaria or his successor in interest). TI
easement and this Agreement do not purport to actually split subdivide or commence the requisite process of splitting subdividing Dabbs parcel which is the subject of this Agreemer Any such division o€ the property shall be undertaken by Dabbs accordance with the state and local laws and ordinances existing the time Dabbs commences such division;
(e) Description, for inclusion in the appropriate document
(a)
of the easements set forth above shall be provided by Rick;
(f) Carlsbad will process an encroachment permit to pern the continued use of that portion its property adjacent to t
water tower located on Elm Avenue by Dabbs for ingress and egrc
from Dabbs property to Elm Avenue in a manner consistent with t current and past use by Dabbs of that portion of Carlsbac property and not inconsistent with City use. The right of Dabbs use the property shall be subject to the terms and conditions
the encroachment permit;
(g) Recordation of the documents described above shall done simultaneously or in the order established by the Parties or before April 26, 1991 or any extension granted by expre written consent of the Parties.
6. No Admission. The execution of this Agreement effec
settlement of claim which are contested and denied. Nothi herein contained shall be construed as an admission by any Par
thereto of any liability of any kind to any other Party. Each Par
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acknowledges that the other Party expressly denies that he, she
it is in any way liable or obligated to the other.
7. Mutual Waiver of Statutory Rights. Each of the Partj
to this Agreement hereby waives all rights which may exist
against any of the Parties hereto under Section 1542 of t
California Civil Code, which provides as follows:
"A general release does not extent to claims which the creditor does no or suspect to exist in this favor at the time of executing the lease, which if known by him must
have materially effected his settlement with the debtor. It
8. Further Assurances. Each of the Parties shi hereinafter execute all documents and do all acts necessary,
convenient or desirable, upon the reasonable request of any of I
other Parties, to effectuate the provisions of this Agreement.
9. Successors . The provisions of this Agreement shall apy
to, be binding on, extend to and inure to the benefit of 1 successors, assigns, transferees, grantees, indemnitees, heii administrators, executives, legal representatives, successors i agents of each of the Parties to this Agreement.
10. Independent Counsel. Each of the Parties to t€ Agreement acknowledge and agree that it has been represented independent counsel of its own choice throughout all negotiatic preceding the execution of this Agreement, and that it has execut this Agreement with the consent, and upon the advice of sz independent counsel.
11. California Law. This Agreement is made and entered ii in the State of California and shall, in all respects interpreted, enforcied and governed by the laws of this State.
12. Attorney's Fees. In the event litigation is commenced
enforce or construe any of the provisions of this Agreemer recover damages for breach of any of the provisions of tk
Agreement, or obtain declaratory relief in connection with any the provisions of this Agreement, the prevailing party shall entitled to recover reasonable attorney's fees and costs.
13. Interpretation. Whenever the context requires, t singular number shall include the plural, the plural shall incli
the singular and the masculine shall include the feminine i
neuter genders.
14. Captions. The captions by which the paragraphs and SI
paragraphs of this Agreement are identified are for convenier
only, and shall have no effect whatsoever upon its interpretatic
15. Ambiguity. This Agreement shall be deemed to have bc
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drafted by each an13 every Party, and any uncertainty or ambigi existing herein shall not be interpreted against any of the ot Parties, but according to the application of the rules interpretation of contracts; if any such uncertainty or ambigt exists.
16. Severance. If any provision of this Agreement is helc
be illegal or invalid by a court of competent jurisdiction, c
provision shall be deemed severed and deleted and neither E
provision nor its severance and deletion shall effect the valic
of the remaining provisions.
17. Integr(3tion. This Agreement constitutes a j integration of the entire understanding and agreement of
Parties with respect to the matters referred to herein.
representation, promise or condition, whether writteri or 01: between the Parties with respect to the matters referred to in f Agreement that is not specifically incorporated in this Agreer shall not be binding upon any of the Parties hereto; and Parties acknowledge that they have not relied, in entering : this Agreement, upon any representations, promises or condit: not specifically set forth in this Agreement. No prior oral
written understanding, covenant or agreement between the Part:
with respect to the matters referred to in this Agreement, SI survive the execution of this Agreement.
18 . Counterparts. This Agreement may be executed
counterparts. When each party has signed and delivered at le
one such counterpart, each counterpart shall be deemed an origj and all counterparts taken together shall constitute one in same agreement, wt.,ich shall be binding and effective as to Parties.
19. Authorit-y. Any individual signing this Agreement behalf of an entity represents and warrants that he or she has
full authority to do so.
DABBS: APPROVED AS TO FORM AND CONTE
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WESCO: APPROVED AS TO FORM AND CONTE
Wesco Homes, Inc. Hunt, Ortmann, Blasco, Palff
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20. Authority. Any individual signing this Agreement
behalf of an entity represents and warrants that he or she has t full authority to do so.
DABBS : APPROVED AS TO FORM AND CONTEN
Feist, Vetter, Knauf & Loy
By: Kenneth R. Dabbs Henry R. Hague
Carolyn L. Dabbs
APPROVED AS TO FORM AND CONTES Hunt, Ortmann, Blasco, Palffi
Rossell 1 homas Palffy
Development Cappany
Milan Drago] loviizh
SARKARIA: APPROVED AS TO FORM AND CONTEI
Robert A. Von Esch, Jr. & Asst
By:
Dr. Daljit Sarkaria Robert A. Von Esch, Jr.
CARLSBAD : APPROVED AS TO FORM AND CONTEI
City of Carlsbad Hunt, Ortmann, Blasco, Palff:
By: By:
By: City Attorney's Office
Rossell
Claude Lewis, Mayor Thomas Palffy
Ray Patchett, City
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Rossell
By: By: Milan Dragoj lovich Thomas Palffy
Wesco Development Company
By:
Milan Dragoj lovich
3-
L. /'
CARLSBAD : APPROVED AS TO FORM AND CONTE
City of Carlsbad Hunt, Ortmann, Blasco, Palff Rossell
By:
Thomas Palffy
City Attorney's Office
By : RonaldR. Ball, AssistantC Attorney
RICK:
Rick Engineering Company APPROVED AS TO FORM AND CONTE Rick Engineering Company Leg Dept .
By: By : Lyle F. Gabrielson, Dennis J. Stryker, Genera President Counsel
dabbs. 004
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Rossell
By: By: Milan Dragoj lovich Thomas Palffy
Wesco Development Company
By:
Milan Dragoj lovich
SARKARIA: APPROVED AS TO FORM AND CONTEb Robert A. Von Esch, Jr. 61 Assc
By: Dr. Daljit Sarkaria Robert A. Von Esch, Jr.
APPROVED AS TO FORM AND CONTEI
Hunt, Ortmann, Blasco, Palff]
Rossell
By: Thomas Palffy
Ci y At rney's Offic
By : /2&2/2. &
RonaldR. Bal1,Assis ant C: Attorney
RICK: Rick Engineering Company APPROVED AS TO FORM AND CONTEl
ring Company Leg2
Dednis J. Stryker, Genera:
Counsel
dabbs. 004
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WHEN RECORDED, PLEASE MAIL
THIS INSTRUMENT TO:
Henry L. Hague, Esq.
Fiest, Vetter, Knauf & Loy
810 Mission Avenue, Suite 300
Post Office Box 240
Oceanside, Californaa 92049-0240
NO TRANSFER TAX DUE
iWENDMEN!C TO GRANT DEED FOR
I7SEMENT FOR PRIVATE ACCESS
For good and valuahle consideration, receipt of which is here acknowledged, GRAN'rOR(S) and GRANTEE, hereby agree to t amending of the terms and conditions of the easement for ingrc and egress set forth in the Grant Deed dated March 3, 1972 e located in Book 197,2, File Page 52230 that creates and grants t right of way and incidents there to for private driving e
access upon, over and across that certain real property in t
County of San Diego, State of California, described as follows:
An easement of ingress and egress for road purposes 20. feed in width over a portion of the Northwest Quarter of t Southwest Quarter of Section 32, Township 11 South, Rangc West, San Bernardino Meridian; the Westerly, Northerly i Easterly lines thereof being described as follows:
Beginning at ai point on the Westerly line of said Northwc Quarter of the Southwest Quarter North 00' 56' 20'' Ear
625.00 feet from the southwest corner thereof; thence No:
00' 56' 20'' East, 55.00 feet to the Northwest corner that land conveyed to E. J. Babson, by deed recorded Augi
25, 1961 as File No, 148549; thence along the boundary said Babson's land South 89" 12' 20" East, 181.50 fel South OOo 56' 20" West, 240.00 feet; and South 89O 12' East, 50.00 feet to the Easterly terminus of the her1 described line, being also the northwest corner of the 1 described in Farce1 1 above.
The easement hereinabove granted shall automatically cea terminate and be oE no further force and effect at such time the holder of the servient tenement, be it the GRANTOR herein
his heirs, successors or assigns, provides an alternat equivalent easement from the dominant tenement served by above-stated easement, through the servient tenement, to a pub road.
access.amd
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Date: &iA$ 5, I??! Grantor (s) : / /
/
INDIVIDUAL ACKNOWLEDGMENT:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On this < day of c"f7"p , in the year 199 I before 1 a Notary Pub1 c in and or said County and State, persona.
personally known to me (or proved to me on the basis
) ss.
appeared /f f NA't7H R, 3-prBf3,
be the person who e name is subscril knowledge that & executed it.
-y/%.q. sct42-A/c.- ot ry Public in and said County and State
) ss. COUNTY OF SAN DIEGC) )
On this 5- day of e , in the year ]y?/ before a Notary Public in and or s County and State, persona
personally known to me (or proved to me on the basis satisfactory evidence) to be the person whose name is subscrj to this instr nowledge that 4% executed it.
t ry Public in and said County and State
L4 # appeared L 4 m 6s
-h- SJtA
access.amd
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INDIVIDUAL ACKNOWLEIIGMENT :
STATE OF CALIFORNIA )
COUNTY OF-0 )
On this /Ttiz day of c>:.( , in the year /qql before n
a Notary Public in and for said County and State, personal
personally known to me (or proved to me on the basis satisfactory evidence) to be the person whose name is subscrik
to this instrument, and acknowledge
O?-..ANL& 1 ss*
appeared 1dJ;t ‘%AccLv; 0-
INDIVIDUAL ACKNOWLEDGMENT:
STATE OF CALIFORNIA )
COUNTY OF -0 )
On this 1’7” day of &><;C , in the year [f‘f[ before I a Notary Public in and for said County and State, persona:
personally known to me (or proved to me on the basis
satisfactory evidence) to be the perso name is subscri
to this instrument, and acknowledge th executed it.
OWhE ) ss.
appeared f. ( k ,h~ CJIrA4lL
ic in an L. IRISH . CALIF0RNL-t ounty and State :OUNTY 2 s ADril 2. 1993
access.amd
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WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO:
Henry L. Hague, Esq. Fiest, Vetter, Knauf & Loy
810 Mission Avenue, Suite 300
Post Office Box 240
Oceanside, California 92049-0240
NO TRANSFER TAX DUE
EASEXEN" FOR PRIVATE ACCESS
For good and valuable consideration, receipt of which is her1
acknowledged, the undersigned hereinafter called GRANTOR(,
do(es) hereby grant, convey and dedicate to Kenneth R. Dabbs
Carolyn L. Dabbs, hereinafter called GRANTEE, the right of
and incidents there to for private driving and access upon, o
and across that cextain real property in the County of San Die
State of California,, described as follows:
See Exhibit ItAll for legal description and Exhibit ItBr
Plat Illustratiing the Private Access Easement.
The easement hereinabove granted shall automatically cea terminate and be of no further force and effect at such time the holder of the servient tenement, be it the GRANTOR herein his heirs, successors or assigns, provides an alternat equivalent easement from the dominant tenement served by above-stated easement, through the servient tenement, to a puk road.
Date : +,/Q/ Grantor (s) :
access.pri
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INDIVIDUAL ACKNOWLEDGMENT:
STATE OF CALIFORNIA )
COUNTY OF - )
On this )3th day of k?ctc , in the year / 6 4 I before m
a Notary eblic in and for said County and State, personal
personally known to me (or proved to me on the basis satisfactory evidence) to be the person whose name is subscrit
to this instrument, and acknowledge that hP executed it.
02ANL7,e ) ss.
appeared %a[ t~i f Ldk 6 d1.c~ LC( f2[kirnC % (kAirl0-
NOTARY PUBLIC. WIFORNU
CORPORATE ACKNOWLEDGMENT:
STATE OF CALIFORNIA )
COUNTY OF-0 )
On this 17fk day of &>;c , in the year [q 4 / before 1:
a Notary Public in and for said County and State, personal
personally known to me (or proved to me on the basis satisfactory evidence) to be the person who executed the wit1
instrument as or on behalf of the corporation therein named and acknowledged me that the corporation executed it.
oP-Wl&,E ) ss.
appeared J./cilv\a sa 4hbdI.&
Notary Public in and
said County and State
access.pri
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1959 palomar oaks way NCK ENGINEEMNG COMPANY pg# Sulle200 Lwd Carlsbad, CA 92009
(619) 431-8200
Legal Des
TC Ref.-
Order No. -
Date
Descr. I Rev. By -
J - 9065-L
PRIVATE ACCESS EASEMENT
BY: SS/rab
DATE: April 19, 1991
Page 1 of 1
An easement being a portion of the Northwest quarter of t
Southwest quarter of Section 32, Township 11 South, Range 4 We5
San Bernardino Meridian, in the City of Carlsbad, County of 2
Diego, State of California, according to the United Stal Government Survey approved, more particularly described as folloi
A strip of land being 24 feet wide, lying 12.00 feet on eacla. s'
measured at right angles and parallel with the following descril
centerline:
COMMENCING at the intersection of the two courses, as described
a deed to K.J. Babson, recorded August 25, 1961 as File/Page j
148549 of Official Records: North 44°121201t West 114.14 feet l South 45 O 47 t 40" West 152.84 feet: thence along the Southeaste line thereof North 45°41109tt East (North 45°47t4011 East per Del
15.00 feet to the TRUE POINT OF BEGINNING: thence leaving s
Southeasterly line South 3O0O2'3Ott East 50.29 feet; thence So
46°48t57tt West 61.33 feet: thence South 59°15t56t1 West 79.19 fe thence South 48°51t1311 West 37.09 feet: thence South 56"10r14tt W
15.30 feet; thence South 24°27119t1 East 10.25 feet to a point the Northwesterly line of a deed to the City of Carlsbad, recor
October 29, 1971 as File/Page No. 249983, said point being 12 f
Southwesterly and on a line parallel with the Southwesterly line
a deed to the City of Carlsbad, recorded October 29, 1971
File/Page No. 249981; thence South 24°27119t1 East along P
parallel line 73.42 feet to a point on the Southerly line of 5 Deed File/Page No. 249983, said point being the POINT TERMINATION.
The sidelines of said easement shall be lenghtened or shortenec begin at said Southeasterly line of said Deed File/Page No. 141 and shall end at said Southerly line of said D
249983.
RE103 489
f/P 10 /4t95w I?€.. AUGUS723 1961
VICINITY Mi
NTS
--- - -
/f/P NO 73-339.527--'-'? R€C DECEMBH ,71973
RICK tNQlN8IRlNO C STRAE LEGAL CIVIL ENQINLERI - SURVEYOR OF PRIVATE ACCESS
I I ~ 1 11 - Ar\l I EXHIBIT "B"
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RECORDING REQUESTED BY AND AFTER RECORDATION, MAIL TO:
Henry L. Hague, Esq. Fiest, Vetter, Knauf & Loy
810 Mission Avenue, Suite 300 Post Office Box 240 Oceanside, California 92049-0240
GRANT OF EASEMENT FOR WATER AND SEWER
For good and valuable consideration, receipt of which is herc acknowledged, the undersigned Wesco Development Company, We:
Homes, Inc., and Wesco/Herrick Co., as Grantor(s) hereby GRANT
TO KENNETH R. DABBS AND CAROLYN L. DABBS, situated in the County
San Diego, State of California, as Grantee, a permanent easemt for the purpose of laying underground water pipelines and latera:
sewer lines, sewer trunk lines, collection lines and laterals, 1
manholes and other underground and surface structures appurten:
to said water and sewer lines, within said easement, together w:
the right to construct, operate, maintain, repair and replace si
facilities, and the right of ingress and egress for such purpost Said easement is described as follows:
See Exhibit "A" for legal description and Exhibit "B" for p: illustrating the sewer and water easement.
Grantor and Grantee shall not use this easement for anyth: inconsistent with this grant of easement and any conditic contained or a part of Map 12493, filed in the off ice of the Coui
Recorder in San Diego County, State of California dated November
Grantor reserves the right to use said land at Grantor's own r: for any and all purposes not conflicting, interfering
inconsistent with Grantee's use.
Grantor and Grantee shall not increase or decrease or permit to increased or decreased the ground elevations of said easemc existing at the time this document is executed, nor construct permit to be constructed any permanent building, structure improvements or other encroachment upon said easement. Granl shall not cause or permit any excavation adjacent to said easemc which will cause damage to or threaten the safety of any of si facilities of Grantee placed within the easement. Grantee shall have the right to transfer and assign this easemc to its successor in interest, or to any other political subdivis: or public utility for use of the above stated purpose.
1989.
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Date: Grantor (s) :
INDIVIDUAL ACKNOWLEDGMENT:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On this day of , in the year before I; a Notary Public in and for said County and State, personal
appeared
personally known to me (or proved to me on the basis satisfactory evidence) to be the person whose name is subscribed
this instrument, and acknowledge that executed it.
) ss.
Notary Public in and j
said County and State
CORPORATE ACKNOWLEDGMENT: STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On this day of , in the year before n a Notary Public in and for said County and State, personal appeared
personally known to me (or proved to me on the basis satisfactory evidence) to be the person who executed the wit1 instrument as or on behalf of the corporation therein named and acknowledged me that the corporation executed it.
) ss.
Notary Public in and 1 said County and State
grant. eas
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1959 Paloma1 Oaks i%i\ NcK ENGINEERING COMPANY rfi Su1tc200 kwi Cai Isbad. CA 92009
(619) 431-8200
Legal DE
TC Ref.-
Order No. -
Date -
Descr - E Rev. By ~
J - 9065-L
SEWER AND WATER EASXMENT
BY: SS\rab
DATE: February 11, 1991
Page 1 of 1
An easement being in the City of Carlsbad, County of San Di State of California and being a portion of Lot 35 according to Map thereof No. 12493, filed in the office of the County Recor
in said County, in said State, dated November 7, 1989,
particularly described as follows:
A strip of land being 15 feet wide, lying 7.50 feet on each measured at right angles and parallel with the following descr
centerline:
COMMENCING at the Southwesterly corner of Lot 35; thence along Southerly line of said Map No. 12493 South 89°1815111 East 2
feet to the TRUE POINT OF BEGINNING: thence North 23°46'5611
43.46 feet; thence North 61°21129t1 East 9.00 feet to a point on
arc of a non-tangent 38.00 foot radius curve concave Northeaste
a radial line to said point bears South 61"2112911 West said p
being on the Westerly right-of-way line of Doreet Way (a pri.
street) as shown on said Map No. 12493 and being the POIN? TERMINATION.
The sidelines of said easement shall be lengthened or shortene begin on said Southerly line and shall end on said Westerly ri of-way line.
RE103 489
F RICK lNQlNRRRlNO C
CIVIL ENOINLERL) - SURVEY- PLAT TO ILLUSTRATE
SEWER &WATER EASEMENT 9 SsB PA- OAKS WAY. Urn Po4 C3
PROJECT NUM~ER 9065-1
SCALE 1" = 20' I DATE1 -
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WHEN RECORDED, PLEASE MAIL
THIS INSTRUMENT TO:
Henry L. Hague, Esq. Fiest, Vetter, Knauf & Loy
810 Mission Avenue, Suite 300 Post Office Box 240 Oceanside, California 92049-0240
NO TRANSFER TAX DUE
AMENDMENT TO GRANT DEED FOR
EASEMENT FOR PRIVATE ACCESS
For good and valuable consideration, receipt of which is here acknowledged, GRANTOR(S) and GRANTEE, hereby agree to the amendi of the terms and conditions of the easement for ingress and egrc
set forth in the Grant Deed dated March 3, 1972 and located in Bc
1972, File Page 52230 that creates and grants the right of way a incidents there to for private driving and access upon, over a across that certain real property in the County of San Diego, Sta of California, described as follows:
An easement of ingress and egress for road purposes 20.00 fe
in width over a portion of the Northwest Quarter of t
Southwest Quarter of Section 32, Township 11 South, Range West, San Bernardino Meridian; the Westerly, Northerly a Easterly lines thereof being described as follows:
Beginning at a point on the Westerly line of said Northwe
Quarter of the Southwest Quarter North 00 56' 20" Eas 625.00 feet fromthe southwest corner thereof; thence North 56 I 20" East, 55.00 feet to the Northwest corner of that la conveyed to E.J. Babson, by deed recorded August 25, 1961
File No. 148549; thence along the boundary of said Babson
land South 89 12' 20" East, 181.50 feet, South 00 56' 2
West, 240.00 feet; and South 89 12' 50" East, 50.00 feet
the Easterly terminus of the herein described line, being a1
the northwest corner of the land described in Parcel 1 abov
The easement hereinabove granted shall automatically ceas terminate and be of no further force and effect at such time as t, holder of the servient tenement, be it the GRANTOR herein or h. heirs, successors or assigns, provides an alternative equivalei easement from the dominant tenement served by the above-statc easement, through the servient tenement, to a public road.
Date: Grantor (s) :
- .~ , x&;&2&zr 3 1 "*
0 (I)
Grantee (s) :
INDIVIDUAL ACKNOWLEDGMENT:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On this day of , in the year before I a Notary Public in and for said County and State, persona: appeared
personally known to me (or proved to me on the basis
satisfactory evidence) to be the person whose name is subscribed
this instrument, and acknowledge that executed it.
) ss.
Notary Public in and :
said County and State
INDIVIDUAL ACKNOWLEDGMENT: STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On this day of , in the year before I a Notary Public in and for said County and State, persona:
appeared
personally known to me (or proved to me on the basis
satisfactory evidence) to be the person whose name is subscribed
this instrument, and acknowledge that executed it.
) ss.
Notary Public in and 1
said County and State
INDIVIDUAL ACKNOWLEDGMENT: STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
access.amd
) ss.
0 0
On this day of , in the year before I
a Notary Public in and for said County and State, persona:
appeared
personally known to me (or proved to me on the basis satisfactory evidence) to be the person whose name is subscribed this instrument, and acknowledge that executed it.
Notary Public in and 1 said County and State
INDIVIDUAL ACKNOWLEDGMENT: STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On this day of , in the year before 1
a Notary Public in and for said County and State, persona
appeared
personally known to me (or proved to me on the basis satisfactory evidence) to be the person whose name is subscribed this instrument, and acknowledge that executed it.
) ss.
Notary Public in and said County and State
access.amd
0 0
WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO:
Henry L. Hague, Esq.
Fiest, Vetter, Knauf & Loy
810 Mission Avenue, Suite 300
Post Office Box 240 Oceanside, California 92049-0240
NO TRANSFER TAX DUE
EASEMENT FOR PRIVATE ACCESS
For good and valuable consideration, receipt of which is her( acknowledged, the undersigned hereinafter called GRANTOR(S), do(t hereby grant, convey and dedicate to Kenneth R. Dabbs and Carol L. Dabbs, hereinafter called GRANTEE, the right of way a incidents there to for private driving and access upon, over a across that certain real property in the County of San Diego, Sta of California, described as follows:
See Exhibit rrA1@ for legal description and Exhibit llBlr for P1 Illustrating the Private Access Easement.
The easement hereinabove granted shall automatically ceas terminate and be of no further force and effect at such time as t holder of the servient tenement, be it the GRANTOR herein or h heirs, successors or assigns, provides an alternative equivale easement from the dominant tenement served by the above-stat
easement, through the servient tenement, to a public road.
Date : Grantor (s) :
access.pri - , r;--.?-- Li/'Lk *" ' dnak i I-' -.- et 1
0
INDIVIDUAL ACKNOWLEDGMENT: STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On this day of , in the year before I
a Notary Public in and for said County and State, persona:
appeared
personally known to me (or proved to me on the basis satisfactory evidence) to be the person whose name is subscribed this instrument, and acknowledge that executed it.
) ss.
Notary Public in and said County and State
CORPORATE ACKNOWLEDGMENT: STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On this day of , in the year before 1 a Notary Public in and for said County and State, persona appeared
personally known to me (or proved to me on the basis
satisfactory evidence) to be the person who executed the wit1
instrument as or on behalf of the corporation therein named and acknowledged me that the corporation executed it.
) ss.
Notary Public in and said County and State
access.pri
0 0 rsiil 1959 P'ilorn'ii O.ik\ W,IV r(ICK ENGINEEI~JNG COMPANY ,d.R SUltC 200 &#zt,;( Car I\b,id CA 92009
(619) 431-8200
Legal De
TC Ref.-
Order No. -
Date
Descr. - I Rev. By -
co. - ___
J - 9065-L
PRIVATE ACCESS EASEMENT
BY: SS/rab
DATE: February 11, 1991
Page 1 of 1
An easement being a portion of the Northwest quarter of .
Southwest quarter of Section 32, Township 11 South, Range 4 We
San Bernardino Meridian, in the City of Carlsbad, County of
Diego, State of California, according to the United Sta Government Survey approved, more particularly described as follo
A strip of land being 24 feet wide, lying 12.00 feet on each s measured at right angles and parallel with the following descri centerline;
COMMENCING at the intersection of the two courses, as described a deed to K.J. Babson, recorded August 25, 1961 as File/Page
148549 of Official Records; North 44°1212011 West 114.14 feet South 45"47I4Ot1 West 152.84 feet; thence along the Southeaste line thereof North 45"41'0911 East (North 45"4714011 East per De
15.00 feet to the TRUE POINT OF BEGINNING; thence leaving s
Southeasterly line South 30' 02 I 3011 East 50.29 feet; thence So
46°4815711 West 61.33 feet; thence South 59°1515611 West 79.19 fe
thence South 48"5111311 West 37.09 feet; thence South 56'10'14" W
15.30 feet; thence South 24"27'19" East 10.25 feet to a point the Northwesterly line of a deed to the City of Carlsbad, recor
October 29, 1971 as File/Page No. 249983, said point being 12 f
Southwesterly and parallel with the Southwesterly line of a deet
the City of Carlsbad, recorded October 29, 1971 as File/Page
249981; thence South 24°2711911 East along said parallel line 7:
feet to a point on the Southerly line of said Deed File/Page
249983, said point being the POINT OF TERMINATION.
The sidelines of said easement shall be lenghtened or shortenec begin at said Southeasterly line of said Deed File/Page No. 14E
and shall end at said Southerly line of said Deed File/Page
249983.
RE103 489
f/P NO /4854g R€C AUGUS7 25, /96/
VICINITY Mi
A! TS
N89 "22'44''H
,f/P 40 73-339527----'? REG DECEMBER ,71973
L,--------
1 SSB PALOMAR OAKS WAY. SUITE m, CP
0 m
1959 Pdlotn,ii O,ih\ wav
Sulk 200 RICK ENGINEEIUNG COMPANY qp
,VA KV, b33r4 cat Ihdd. CA 92009
(h19)431 X200
Legal De
TC Ref.-
Order Po. -
Date
Descr. -
~ Rev. By -
J - 9065-L
C.U.P. FOR ACCESS
BY: SS/rab
DATE: February 11, 1991
Page 1 of 1
An easement being a portion of the Northwest quarter of
Southwest quarter of Section 32, Township 11 South, Range 4 We San Bernardino Meridian, in the City of Carlsbad, County of Diego, State of California, according to the United Sta Government Survey approved, more particularly described as follo
A strip of land being 24 feet wide, lying 12 feet on each s
measured at right angles and parallel with the following descri
centerline;
BEGINNING at a point on the Northerly line of Parcel 15-B in a d
to the City of Carlsbad, recorded December 7, 1973 as File/Page
73-339527, said point being 12 feet Southwesterly and parallel w the Southwesterly line of Parcel 15-A of said Deed; thence So
24"27'19" East along said parallel line 168.34 feet to
Northwesterly right-of-way line of Elm Avenue, as shown on Map
6397, in the City of Carlsbad, filed in the office of the Cou
Recorder of San Diego County, State of California, and bein
point on the arc of an 892.00 foot radius curve conc
Southeasterly, a radial line to said point bears North 50"36' West, said point being the POINT OF TERMINATION.
The sidelines of said easement shall be lengthened or shortened
begin on the Northerly line of said Parcel 15-B and shall end
the Northwesterly right-of-way line of Elm Avenue as shown on s
Map 6397,
RE103 489
R&C AUGUST 23 1961
VICINITY MA1
N TS.
f/PNQ 73-339527 ---- y? REG D€CMBER 4 1973
/
N5U V6Y6WRW --- - - ---
RICK ENOlNIIRlNO C
CIVIL ENOINEERS. 8UC)VEVOR PLAT TO ILLUSTRATE LEGAL DESCRIPLTION OF C.U.f? FOR ACCESS
1 BS9 PA.LDIUAR OAKS WAY, 8- 200, C8
PROJECT NUMBER 9065 L . II -A I