HomeMy WebLinkAboutKato Farms; 1985-05-01;FRESHMAN, MULVANEY, MARANTZ,
COMSKY, KAHAN & DEUTSCH
A P*RTNERSH,P ,NCL”D,NG PROFESSIONAL CORPORATIONS
SUITE 4000
444 WEST BEECH STREET
LOS ANGELES
EIGHTH FLOOR, EAST TOWER
9100 WILSHIRE BOULEVARD
BEVERLY HILLS, CA 90212
TELEPHONES
I2131 273-1870
SAN DIEGO. CALIFORNIA 92
TELEPHONE
(619) 238-1010
TELEX
695443
IN REPLY REFER TO:
(213) 272-2155
TWX
910-490-1995
or CO”N*KL SAMUEL K. FRESHMAN JOHN J. MCEVOY KENNETH E. BONUS* THOMAS A. TURNER, JR.
l * PROILSSIONAL CORPORATION +oERTlFlED FAMILY LAW JPLCIALIS~ May 10, 1985
Office of the City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad CA 92008
Re Kato Farms Kight of Way
Gentlemen:
The Costa Real Municipal Water District, is the owner of a recorded easement for right of way across the farm owned by Hiroshi and Ida Fumiko Kato, in the City of Carlsbad. A legal description of the easement is contained in the attached document. In order to limit the accrual of prescriptive rights by users of the easement other than the record owner of the
easement, the Kato's have recorded a Notice of Consent
pursuant to Section 813 of the Civil Code. A copy of the notice is furnished herewith. Section 813 of the Civil Code requires that, in
addition to recordation, the notice be served on every known
user of the easement.
Mr. Kato has informed me that the users known to them
are the City of Carlsbad, KKOST, Cablevision, SDG&E, Pacific
Bell, Motorola, and the University of California. I would appreciate it if you would accept the attached form of notice as official notice to your agency pursuant to Section 813 of the Civil Code.
Yours sincerely,
John McEvoy
cc Kato Farms
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;?ecorciinn, ;!cquested Gy:
FRESHMAN, MULVANEY, MARANTZ.
COMSKY;XAH_AN L DEUTSCH
1. PARTNERSHIP lHCL”DlNG PROFLSS1ONN. CORPoR*TIoNS
444 WEST BEECH STREET
SUITE 4000
SAN OIEGO. CALIFORNIA 92101
(619) 238-1010
(SPACEBELOWFORFILINGSTAMPONLY)
-Attorneys for liiroshi and Ida 'Zumiko Xato
XOTICE OF COI:SC!:T
(CIVIL CODE SECTIOI: 813)
The property which is the subject matter or' this no:ice is the
strin of land over which an easement -:!as granted to the Carlsbad
Ilunicipal iJater District. T!le easement xas recorded on deceaber
12, 1961 as Zecorder's File X0. 214693. ?he propert:: is i.!Or2
p3rticularly described as follows: ,
A strip of land 60 feet in width lying 2nd bein; 2.2 Zeet on
each side of the followin described center lines:
Parcal Fo. c I 1. . Commencing at Point 13 , Lot S, as shown
on Xan No. 323 of Sancho i\gua Xedionda; thence South 09'17" .
!iest 246.62 feet along the East line of said Lot i3 to the
true point of beginning; thence South C8 dezrecs 54' 38"
Mest 3.10 feet to the beginnin: of a tangent 200.00 foot
radius curve concave Southeasterly; thence Southwesterly
alon the arc of said curve 352.3 0 feet through a central
angle of 100 degrees 55'3r3"; thence tnnzcnt to said curve
South 12 tle:;rocs UO'53" East 373.07 feet to Point A of said
easement ; tlience continuin:; South I-2 deT;rees 00'53"East
71 .26 feet to t!lc beginning of a tnnzent 350.00 foot radius
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cilrve--co4lcave C!esterly ; thence South~:esterly alon= tile arc
Of sai;i curve 3G5.81 feet tilro:l;il a centrnl an;13 of ,5i)
ctczrces 02 ’ 53"" ; t Ihe nc c t 3 no, c n t to s&c! cgr~;e 5:()1!tll 1!.,:;
de;;rces 'JZ'OO" "est L12.35 feet.
17arcel :!o. 2: Coxnencinz at ?oint A of ti-ic cc?nt2rlize
described for ?nrccl 'IO. 1, tllencc :.:orLh 77 ile?r!??S .i'.j'O7"
East to the be:;innin:: of a tanGent lijO.!id foot radius curve
concave Southerly, thence Southeasterly along tllc arc of
said curve 138.72 feet, through a central angle of 79
degrees 23'5ii".
The rizilt of the pubiic or any ?crson to nake any use :sThatsoever
of the above described land or any portion thereof (other than
any us2 expressly alloxed by a written or recorded mp,
agree-ent, deed or dedication) is by ?er::lission and subject to
control, 0 f 0 :i' n e r : -') Section ;;l~ , Civil Code.
Dated . . -y&g /, /jyg-- 27cz4&& -0
Ziro2hi Xato
Eated:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
Ida Funiko Xato
ss.
:
personally known to me or
proved to me on the basis’of satisfactory evidence to be
the person& whose names are subscribed to the
within instrument and acknowledged that they exe-
cuted the same.
WITNESS my hand and official seal.
On May 1, 1985 before me the undersi ned, a Nota Public in and for
said State, personally appeared HIROSHI KATO an6 IDA FL&K0 KA'%
Signature
DECLARATION OF SERVICE BY MAIL
I am a resident of the county of San Diego; I am over the age of 18d not a party to the within action; my business address is 444 West Beech Street, San Dieqo, California. On May 13, 1985, I served the to interested parties in this enclosed in a sealed envelope the United States mail at 444 addressed as follows:
Notice of Consent and Cover Letter action by placing a true copy thereof with postage thereon fully prepaid in West Beech Street, San Diego, CA.
Office of the City Clerk San Diego Gas & Elec. Pacific Bell City of Carlsbad Legal Department Legal Department 1200 Elm Avenue 101 Ash Street 140 New Montgomery St Carlsbad CA 92008 San Diego, CA 92101 San Francisco, CA 94105
Executed on May 13, 1985 at San Diego, California.
I declare under penalty of perjury that the above is true and correct.
,- c . ..-
>’ /tff4Ad7 A
p 1 ‘I c (Signature)
Carol Miklavic
..‘..‘. ,.’ ,