HomeMy WebLinkAbout1988-05-24; City Council; 9451; Public Hearing for Initiation of Eminent Domain Palomar Airport Road West Assessment District Project 3151.. z o 6 a
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ClW F CARLSBAD - AGENW ILL W&% 14
.,AB# 945j a PUBLIC HEARING FOR INITIATION DEPT. ;D!J
MTG. 05/24/88 OF EMINENT DOMAIN PROCEEDINGS CITY Ad
WEST ASSESSMENT DISTRICT MP FOR THE PALOMAR AIRPORT ROAD CITY MGR? DEPT.
RECOMMENDED ACTION:
Adopt Resolution No. retaining Special Counsel, approving deposits with the Court, and directing the condemnation of necessary rights-of-way for the Palomar Airport Road West Assessment District, Project No. 3151.
ITEM EXPLANATION:
On May 17, 1988, the City Council adopted resolutions certifying the Conditional Negative Declaration, approving the plans, specifications, and contract documents, and authorizing the advertisement of construction bids for the Palomar Airport Road West Assessment District, Project No. 3151.
This assessment district project is a joint effort between the
City and several property owners fronting Palomar Airport Road from Camino Vida Roble westerly to Paseo Del Norte. The project includes construction of Palomar Airport Road to prime arterial standards with six (6) travel lanes, raised median islands, considerable underground utility work including a major waterline to be constructed in conjunction with the Costa Real Municipal Water District, and a traffic signal at the intersection of Palomar Airport Road and College Boulevard. On April 14, 1988, the California Coastal Commission approved the project's Coastal Development Permit requiring offsetting mitigation for impacted wetland and riparian habitat which has been incorporated into the project. Additional permits required from the State of California, Department of Fish and Game and the United States Army Corps of Engineers have been obtained for the
pro j ect .
Staff has been negotiating with the affected property owners
within the assessment district to secure the necessary rights-of-
way to enable the construction of the improvements. All rights-
of-way must be obtained prior to the July 5, 1988 assessment
district public hearing in which the district will be confirmed
and construction bids awarded. Staff has received indications
from most of the property owners that all documents transferring necessary interest in the right-of-way will be executed and
delivered to the City prior to the July 5th date. However, in
the event one or more property owners are unwilling to participate in the district, it is necessary to undertake
procedural steps at this time to acquire the right-of-way by
eminent domain prior to July 5th. It is therefore recommended the City proceed to initiate condemnation proceedings at this
time so as to adhere to the project schedule and permit
conditions.
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1 ' Page 2 of Agenda Bill No. ?yd-/
Following consultation with the City Attorney, staff recommends the City Council formally retain the law firm of Asaro & Keagy as Special Counsel for this action. This firm has represented the City's interests in several other similar actions. Valuation of the required right-of-way has been previously completed. Negotiations and offers to purchase the property from the property owners in accordance with legal requirements have been
undertaken. Required notice to the property owners in anticipation of the initiation of condemnation proceedings has taken place. Special Counsel will advise the City Council at this meeting as to the status of the negotiations and recommend to the City Council the adoption of the Resolution of Necessity to Condemn.
In accordance with State law, the City has given proper notice to this public hearing to the owners of the subject property. The City is not required by law to consider the request of any person to be heard who did not submit a written request on or before May 19, 1988, nor the request of any person not an owner of interest in the property being condemned. Adoption of the Resolution of Necessity to Condemn requires a two-thirds (2/3) vote of the City Council and conclusively establishes the findings contained therein. This action includes all required rights-of-way not previously dedicated or purchased for the Palomar Airport Road West Assessment District within the boundaries of the district.
ENVIRONMENTAL REVIEW:
The City Council formally certified the Conditional Negative Declaration on May 17, 1988 following its issuance by the Planning Director on December 30, 1987. A mitigation plan offsetting adverse impacts to sensitive habitat has been prepared and incorporated into the project thereby satisfying conditions required of the Negative Declaration and the regulatory agency permits. Justification and support materials for this determination are on file in the Planning Department.
GENERAL PLAN CONSISTENCY:
The Planning Commission formally adopted Resolution No. 2696 on October 21, 1987 determining the construction of the Palomar Airport Road West Assessment District was in conformance with the
City's General Plan.
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1 'Page 3 of Agenda Bill No. 9"/-s/
FISCAL IMPACT:
All costs associated with right-of-way acquisition, appraisal
fees, court costs, legal fees, and related acquisition expenses
are fully assessable to the property owners within the assessment
district. The City will not be obligated for any expenses
related to the acquisition of rights-of-way necessary for the assessment district project.
The construction cost is estimated to be $5,800,000 and the total project cost (including design, right-of-way and financing costs)
is estimated to be $7,747,000. The City contribution is currently estimated to be $3,617,000 ($2,819,000 for the center
four lanes and median curbs and $798,000 for Carltas and Ecke
frontages). Funds in the amount of $3,100,000 have been appropriated for this project from the Public Facilities Fee
Fund. When construction bids are received, if the current funds
are insufficient, an additional appropriation will be requested. The City Council may be asked to reprioritize projects, modify project funding or timing in the CIP or transfer funds from other sources to provide funding for this project.
EXHIBITS :
1. Location Map.
2. Resolution No. E7 - 1 7-3 retaining Special Counsel, authorizing deposit of fees with the Court, and adopting the Resolution of Necessity to Condemn certain rights-of-way required for the construction of the Palomar Airport Road
West Assessment District, Project No. 3151.
3. Easement documents with legal descriptions and plats for all
roadway, drainage, slope and open space (mitigation) rights-of-way referenced as Exhibit IrAV1 in above resolution.
4. Negative Declaration issued by the Planning Director on
December 30, 1987.
5. Property valuation appraisals on file with Municipal
Projects.
6. Project plans, specifications and contract documents
incorporating the project's mitigation plan on file with
Municipal Projects.
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BOUNDARY
VlCJNlTv MAP
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PROJECT NAME PALOMAR AIRPORT ROAD WEST PRBJ- NO- EXHIBl
ASSESSMENT DISTRICT & IMPROVEMENT PROJECT 3151 1'
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RESOLUTION NO. 88-173
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE
CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF
CARLSBAD AND DECLARING THE PUBLIC NECESSITY THEREOF
WHEREAS, the City of Carlsbad, California, proposes to
improve Palomar Airport Road between Paseo del Norte and Camino
Vida Roble in the City of Carlsbad, hereinafter referred to as
*'the project1@; and
WHEREAS, the project requires the acquisition of certain
' real property interests; and
WHEREAS, the City of Carlsbad, California, may exercise the
right of eminent domain for the acquisition of real property
interests therein for streets, drainage facilities, and other
purposes pursuant to the California Streets and Highways Code,
Section 4090, and the Government Code, Sections 37350, 37350.5
and 37353; and
1 WHEREAS, the plans for the project within the City of
Carlsbad are on file in the office of the Municipal Projects
Department of the City of Carlsbad, California; and
WHEREAS, on October 21, 1987, the Planning Commission of the
City of Carlsbad, California, pursuant to the provisions of the
California Government Code, Section 65402, found that the
proposed location, purpose, and extent of the project is
consistent with the City of Carlsbad General Plan; and
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WHEREAS, on May 17, 1988, pursuant to the California Public
Resources Code, Section 21000 and following, the City Council
of the City of Carlsbad, California, certified a negative
declaration for the project; and
WHEREAS, the real property of interests therein sought to be
acquired are located within the territorial limits of the City
of Carlsbad, California, and are necessary for the proposed
project; and
WHEREAS, the City of Carlsbad, California, has established
the amounts which it believes to be the just compensation for
the hereinafter described real property or interests therein
sought to be acquired; and
WHEREAS, pursuant to Government Code Section 7267.2, the
City of Carlsbad, California, has offered to the owners of said
real property or interests therein the full amount established
as just compensation for said real property or interests
therein sought to be acquired; and
WHEREAS, the City of Carlsbad, California has provided said
owners of said real property or interest therein a written
statement and summary of the basis for the amount established
as just compensation for the real property or interests therein
sought to be acquired; and
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WHEREAS, a reasonable length of time has expired since the
date of the offer to the owners of the real property or
interests therein sought to be acquired, and the owners have
failed to favorably respond to the offers of the amounts
established by the City of Carlsbad as just compensation; and
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WHEREAS, pursuant to the provisions of the California Code
of Civil Procedure, Section 1245.235, the owners of the real
property or interests therein sought to be acquired whose names
and addresses appear on the current equalized COUNTY ASSESSMENT
ROLL, have been sent a NOTICE OF INTENTION TO ADOPT A
CONDEMNATION RESOLUTION, and have been provided with an
opportunity to appear and be heard on the matters referred to
in California Code of Civil Procedure, Section 1240.030; and
WHEREAS, sufficient funds have been appropriated by the City
Council of the City of Carlsbad, California, to be deposited
with the court in the amount of the aforementioned value of the
real property or interests therein sought to be acquired;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, which finds, determines, and
hereby declares:
1. That the above recitations are true and correct.
2. That the public interest and necessity require the
proposed project.
3. That the proposed project is planned and located in a
manner which will be most compatible with the greatest public
good and the least private injury.
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4. That the real property or interests therein,
hereinafter described in this Resolution, is necessary for the
proposed project.
5. That the proposed project is a matter of public
necessity.
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6. That the use of all and each and every part of said
hereinafter described real property or interests therein for
the use and purposes of the proposed project is a public use
and use authorized by law.
7. That the public interest and necessity required that
the property or interests therein, hereinafter described in
this resolution, be taken.
8. That the the law firm of Asaro & Keagy, hereinafter
referred to as 'ISpecial Counsel" be, and is, authorized,
empowered, and directed, in the name of the City of Carlsbad,
to acquire by donation, purchase, or condemnation, in
accordance with the provisions of the Code of Civil Procedure
of the State of California related to eminent domain, the
hereinafter described interests in real property.
9. That Special Counsel is authorized and directed to
prepare and prosecute in the name of the City of Carlsbad such
suit or suits in the proper court having jurisdiction thereof
as are necessary to condemn, take, and acquire said hereinafter
described real property, or any part thereof, for the proposed
pro j ect . I
10. That Special Counsel is authorized and directed to make
an application to said court for an order determining the
amounts of money to be deposited as security for the payment of
the just compensation which will be made for the taking of the
real property or any part thereof, or interest therein
necessary for the proposed project and any damage incident
thereto, and to make application to said court for an order
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permitting the City of Carlsbad to take immediate possession of
and to use said real property and part thereof, or interests
therein, sought to be condemned for the proposed project.
11. That Special Counsel is authorized and directed to make
deposit for such security for such right-of-way out of proper
funds under the control of the City of Carlsbad in the amount
determined by the court in the manner directed by the court.
12. That Special Counsel is authorized and directed to
incur on behalf of the City of Carlsbad all reasonable and
necessary expenses in the prosecution of a suit or suits to
condemn said real property.
13. That the real property referred to in this resolution
is situated in the City of Carlsbad, County of San Diego, State
of California, and is more particularly described in the
parcel descriptions identified in attached Exhibit I1At1
incorporated by reference and made a part hereof.
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14. That the City Council of the City of Carlsbad,
California, hereby authorizes and approves deposit with the
court, funds for the acquisition of real property or interests
therein consistent with the intent of this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 24th day of May
1988, by the following vote:
I
AYES: Council Members Lewis, Kulchin, Pettine and Mamaux
NOES: None
ABSENT: None
ABSTAIN: Council Member Larson
ATTEST:
ALETHA L. RAUTENKRANZ, Citq Clerk
(SEAL)
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WHEN RECORDED, &E MAIL
t THIS INSTRUMENT TO:
CITY CLERK
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CA 92008
NO TRANSFER TAX DUE
c
SPACE ABOVE FOR RECORDER'S USE
w. a The Grantor hereby further grants to the City of Carlsbad that privilege and rig,ht to'
extend drainage structures and excavation and embankment slopes beyond the limits of a
there herein described right-of-way where required for the construction and
maintenance of said City Highway. RESERVING unto grantor of the above described
parcel of land, his successors or assigns, the right to eliminate such slopes and/or
drainage structures or portions thereof, when in the written opinion of the City
Engineer of Grantee, the necessity therefore is removed by substituting other
protection, support and/or drainage facility, provided such substitution is first
approved in writing by said Engineer(s).
The Grantor hereby further grants to Grantee all trees, growths (growing or that may
hereafter grow), and road building materials within said right-of-way, including the
right to take water, together with the right to use the same in such manner and at
such locations as said Grantee may deem proper, needful or necessary, in the
construction, reconstruction, improvement or maintenance of said highway.
The Grantor, for himself, his successors and assigns, hereby waives any claim for any
and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said hi ghway .
Dated this day of 9 19-0
Paul Ecke, Sr., Trustee, UTA dated 9/8/83
STATE OF )ss.
County of 1
On 9 19- , before me, the undersigned, a Naary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that helshelthey executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing
easement to the City of Carlsbad, a municipal corporation is hereby accepted by the
City Counci 1 of said City of Carl sbad, Cal i fornia pursuant to Resolution
No. adopted on , and the Grantee consents to recordation thereof by its duly authorized officer.
Dated BY ALETHA L. RAUTENKRANZ, City Clerk
m .. -9
1
EXHIBIT "A"
LEGAL DESCRIPTION
Assessors Parcel No. 212-041-05
All that portion of Lot 'G' of the Rancho Agua Hedionda according to map
thereof No. 823 filed in the office of the County Recorder of San Diego
County, November 16, 1896, in the City of Carlsbad, County of San Diego, State
of California, being more particularly described as follows:
Beginning at the most southwesterly corner of Parcel 1 of Parcel Map No. 6331
filed in the office of the County Recorder .of said County, September 8, 1977,
said point also being on the centerline of Palomar Airport Road according to
Road Survey No. 1534 on file in the office of the County Surveyor of said
County; thence along the westerly line of said Parcel 1, N 3"17'16" W
(N 3'18'34'' G( per Parcel Map No. 6331), 52.00 feet to the TRUE POINT OF
BEGINNING; thence continuing along the westerly line of said Parcel 1,
N 3'17'16" W (N 3'18'34" W per Parcel Map No. 6331), 41.61 feet; thence
leaving said westerly line, S 69"43'15" W, 630.49 feet to the westerly line 01
said Lot 'G' as shown on Record of Survey Map No. 5715 filed in the office of
the County Recorder of said County, December 19, 1960; thence along the
westerly line of said Lot 'GI, S O"03'18" W (S O"31'16" E per Record of Surve;
Map No. 5715), 30.02 feet to the northerly right-of-way line of said Road
Survey No. 1534; thence along the northerly right-of-way line of said Roah
Survey No. 1534, N 70'46'53" E (N 70°12'37" E per Record of Survey Map No.
5715), 628.87 feet to the TRUE POINT OF BEGINNING.
DLW/1 cd 268-01-1(~).300.
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MAP NO. 023
L\NE LOT " G"
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WE5TElzLY LlNE
PAEEL 1, P.M. 6331
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PARCEL 1 , FM. 6331
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CITY OF CAPLS5AP ACQU(SITI0N PLAT mVHWm8W *SSOCIAI€S
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' WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO:
CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE
(b) That within sai m p'e'n space easement, the subjec ? area will be left in
natural state for the protection of endemic biological resources, and no clearing or removal of any vegetation shall be permitted except hand brush clearing for fire protection purposes by written order of the office of fire services coordinator within said open space easement, and except as for landscaping and the placement of drainage structures and associated rip-rap within said open space easement, without the written authorization of the City of Carlsbad or its successors or assigns.
(c) That it shall not excavate or grade or permit any excavating or grading to be done or place or allow to be placed any sand, soil rock, gravel or other material whatsoever on the subject land without the written permission of the City of Carlsbad or its successors or assigns, provided, however, that the Grantor may excavate, grade or place sand, soil, rock or gavel or other material on the subject 1 and as is permitted by written permission of the City of Carlsbad.
(d) That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California.
The grant of this easement and its acceptance by Grantee shall not authorize the public or any members thereof to use or enter upon any or any portion of the subject land, it being understood that the purpose of this easement is solely to restrict the uses to which the subject land may be put.
This easement shall bind the Grantor and its successors and assigns.
To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever with the right to convey said easement, or any portion of said easement, to other public agencies.
The real property referred to hereinabove and made subject to said easement and right-of-way by this grant is situated in the City of Carlsbad, County of San Diego, State of California, and is particularly described as follows:
See the attached legal description designated Exhibit "A", consisting of 1 sheet,
and the attached Acquisition Plats, designated Exhibit "fi", consisting of 1 sheet, each made a part hereof by reference.
:
e There is reserve v to the Grantor, his successors and assigns, the right
s privilege to use the above described land of the Grantor at any time, in manner and for any purpose not inconsistent with the full use and enjoyment b] Grantee, its successors and assigns, of the rights and privileges herein granl
Executed t hi s day of ¶ 19-0
STATE OF )ss.
County of 1
On , 19 , before me, the undersigned, a Notary Pub1 and for said County and State, pzsonally appeared
personally known to me (or proved to me on the basis of satisfactory evidenc be the persons(s) whose narne(s) is/are subscribed to the within instrument acknowledged to me that he/she/they executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the fore corporation grand deed to the City of Carlsbad, a municipal corporation is h accepted by the City Council of said City of Carlsbad, California pursuar Resolution No. adopted on , and the Gr consents to recordation thereof by its duly authorized officer.
Dated BY ALETHA L. RAUTENKRANZ, City Clerk
385.28
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1 EXHIBIT "A"
Assessors Parcel No. 212-041-05
All that portion of Lot 'G' of the Rancho Agua Hedionda according to map
thereof No. 834 filed in the office of the County Recorder of San Diego
County, November 16, 1896, in the City of Carlsbad, County of San Diego, State
of California, being more particularly described as follows:
Beginning at a point on the westerly line of Parcel 1 of Parcel Map No. 6331,
filed in the office of the County Recorder of said County September 8, 1977,
said point also being on the northerly right-of-way of Palomar Airport Road
according to Road Survey No. 1534 on file in the office of the County Surveyor
of said County; thence along said northerly right-of-way S 70'46'53'' W
(S 70'45'53" W per said Road Survey no. 1534), 20.17 feet; thence leaving said
northerly right-of-way line, N 20'16'45" W 47.42 feet to the TRUE POINT OF
BEGINNING; thence N 69O43'15" E 17.00 feet; thence N 20'16'45" W 25.00 feet;
thence S 69'43'15" W 64.00 feet; thence S 20'16'45" E 25.00 feet; thence
N 69'43'15" E 47.00 feet to the TRUE POINT OF BEGINNING.
DLW/se 268-01-1 (W) 385.29
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CITY Of CAULLjBAD 4P@VB!UWMrnW ASSOCIAT~S ACQUISITION PI
CONSULTING ENGINEERS OPEN SPACE EA5EM.ENl
4455 MURPHY CANYON ROAD, SUlTE 200 SAN DIEGO, CA 92123 (619) 576-9200 Job h
01987 POUNMEY d ASSOCIATES INC Date: 9/30/$7 By: D WAtlL Sheel
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* THIS INSTRUMENT TO:
CITY CLERK
CITY OF CARLSBAD 1200 ELM AVENUE
CARbBAD, CA 92008
NO TRANSFER TAX DUE
e
SPACE ABOVE FOR RECORDER'S US
w. rn
The Grantor hereby further grants to the City of Carlsbad that privilege and right to
extend drainage structures there herein described right-of-way where required for the construction and
maintenance of said City Highway. RESERVING unto grantor of the above described
parcel of land, his successors or assigns, the right to eliminate such slopes and/or
drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s).
The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at
such locations as said Grantee may deem proper, needful or necessary, in the
construction, reconstruction, improvement or maintenance of said highway.
The Grantor, for himself, his successors and assigns, hereby waives any claim for any
and a1 1 damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said
highway.
and excavation and embankment slopes beyond the limits of'
Dated this day of 9 19-.
Paul Ecke, Sr., Trustee, UTA dated 9/8/83
STATE OF )ss.
County of 1
On , 19-, before me, the undersigned, a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the persons(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same.
tlitness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing
easement to the City of Carlsbad, a municipal corporation is hereby accepted by the
City Council of said City of Carlsbad, California pursuant to Resolution
No. adopted on , and the Grantee consents to
recordation thereof by its duly authorized officer.
Dated BY ALETHA L. RAUTENKRANZ, City Clerk
8 .. e
% s
E XH IB I T "A"
LEGAL DESCR I PTI 0 N
Assessors Parcel No. 212-041-05
All that portion of Lot 'G' of the Rancho Agua Hedionda according to map
thereof No. 834 filed in the office of the County Recorder of San Diego
County, November 16, 1896, in the City of Carlsbad, County of San Diego, Stat€
of California, being more particularly described as follows:
BEGINNING at a point on the westerly line of said Lot "G" at its intersection
with the northerly right-of-way line of Road Survey No. 1534, on file in the
office of the County Surveyor of said County; thence along said westerly line
N 0'03'18" E (N 0'02'02" E per said Road Survey No. 1534), 35.55 feet; thence
leaving said westerly line, N 19'30'03" E 32.71 feet; thence S 70'29'57" E
20.00 feet; thence S 19'30'03" W 59.69 feet to said northerly right-of-way
line; thence along said northerly right-of-way line, S 70'46'53" W
(S 70"45'53" W per said Road Survey No. 1534), 10.46 feet to the POINT OF
BEGINNING.
Together with the following described portion of said Lot "G":
Beginning at a point on the westerly line of Parcel I of Parcel Map No. 6331,
filed in the office of the County Recorder of said County September 8, 1977,
said point also being on the northerly right-of-way of Palomar Airport Road
according to Road Survey No. 1534 on file in the office of the County Survey!
of said County; thence along said northerly right-of-way S 70'46'53" W
(S 70'45'53" W per said Road Survey no, 1534), 20.17 feet to the TRUE POINT (
BEGINNING; thence leaving said northerly right-of-way 1 ine, N 20'16'45" W
47.42 feet; thence N 69'43'15" E 17.00 feet; thence N 20'16'45" W 25.00 feet
thence S 69'43'15" W 64.00 feet; thence S 20'16'45" E 25.00 feet; thence
N 69'43'15" E 17.00 feet; thence S 20'16'45" E 46.86 feet to said northerly
right-of-way line; thence along said northerly right-of-way line,
N 70'46'53" E 30.01 feet to the TRUE POINT OF BEGINNING.
DLW/se 268-01-1 (W)347 -82
)(bern&ID#W ASSOCIATtS
CONSVU7m €FGUV€EK
A455 huMfHr CwmU w, wm 200 wDIFGo,cA92123 @a9J576-9100 @wmm€r&~ INC
- I
1
CITY OF CAa-0 ACQUISITION PLAT
5mgkl GRAIN EAE€MENT
ob No. 268-01-1 shoot I Of 2 swts Dab: By:
1 *
P!\Z 1 Fy4 r'( 5 E L MA
b1c3 c30Jl Pf- -) ?OF< LOT G If X-D AGUA J-JLDIOND"'
J\/JAP ]\Icy, m.3
APN 212-041-0
AREA ro RE ACQUIRW SHOWN a 2164.27 qZ- D 04 A.L.
EXH If3 IT '0'
CiTf OF CARLeMD . P@VBlW!!!5l,W ASSOCIATES ACQUISlTlON PL
GTSh/l D-rd EAGEMWT
Job Nc
9/9/87 BY! D WAHL Sheet
CONSULTING ENGINEERS
4455 MURPHY CANYON RmD, SUITE 200 SAN DIEGO, CA 92123 (619) 576-9200
01987 POUNTNEY B ASSOCIATES INC Date:
i
7
* wH[ENREmRDED,mERsEMAIL mus lNsmmma m:
CITYCLERK
CITY OF CARISBAD
1200 ELM AVENUE CARISBAD, CA 92008
SI TRANSFER TAX DUE SPACE ABCNE FOR RECRIER'S USE ONLY
0 vb
The Grantor hereby further grants to the City of Carlsbad that privilege and rig6t to * extend drainage structures and excavation and embankment slopes beyond the 1 irnits of there herein described right-of-way where required for the construction and
maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City
Engineer of Grantee, the necessity therefore is removed by substituting other
protection, support and/or drainage facility, provided such substitution is first
approved in writing by said Engineer(s).
The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway.
The Grantor, for himself, his successors and assigns, hereby waives any claim for any
and all damages to Grantor's remaining property contiguous to the right-of-way hereby
conveyed by reason of the location, construction, landscaping or maintenance of said h i g h way.
Dated this day of 9 19-0
STATE OF )ss.
County of 1
On , 19,, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the
City Council of said City of Carlsbad, California pursuant to Resolution No . adopted on , and the Grantee consents to
recordation thereof by its duly authorized officer.
ALETHA L. RAUTENKRANZ, City Clerk Dated BY
a e
1 .
E XH I 8 I T "A"
LEGAL DESCRIPTION
Assessors Pa rcel 2 12 -040-25
That portion of that certain parcel of land shown and designated as
"Description No. 3, 78.07 acres" on Record of Survey Map
No. 5715, filed in the office of the County Recorder of San Diego County,
December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda,
according to map thereof No. 823, filed in the office of the County Recorder
of San Diego County, November 16, 1896, in the City of Carlsbad, County of
San Diego, State of California, lying southerly of the centerline of Palomar
Airport Road, as shown on County of San Diego Road Survey No. 1534, on file ii
the office of the County Surveyor of said County, being more particularly
described as foll ows :
Beginning at a point on the centerline of said Road Survey No. 1534, distance
thereon 110.74 feet from the beginning of a tangent curve concave
southwesterly and having a radius of 1,200.00 feet, said beginning of curve
being designated Engineers' Station 99+10.74 on said Road Survey No. 1534;
thence from said centerline point, in a straight line to the most northerly
corner of that certain parcel of land shown and designated as "Description
No. 5, 103.54 acres" on said record of Survey Map No. 5715, S 7'54'57" W
50.11 feet to the southwesterly right-of-way line of Palomar Airport Road as
shown on said Road Survey No. 1534, said point being the TRUE POINT OF
BEGINNING; thence along said southwesterly right-of-way 1 ine N 78'19'53" W
(N 78'20'53'' W per Road Survey No. 1534), 1,404.64 feet to the most
northeasterly corner of Parcel 'ID" of Parcel Map No. 2993, filed in the offic
of the County Recorder of said County, August 23, 1974; thence along the
southeasterly line of said Parcel "D", S 14'10'59" W (S 13'36'43" W per Parce
Map No. 2993) 13.01 feet; thence leaving said southeasterly line parallel wit
the southwesterly line of said Road Survey No. 1534, S 78'19'53" E
DLWIskg 268-01-1(~).229.51 Page 1 01
W s
r t
(S 78"20'53" E per Road Survey No, 1534) 1,226.05 feet to the beginning of a
tangent curve concave southwesterly and having a radius of 1,937.00 feet;
thence easterly along said curve through a central angle of S"20'56" an arc
length of 180.83 feet to the intersection with a line drawn from the TRUE
POINT OF BEGINNING to the most northerly corner of said "Description No. 5"
shown on said Record of Survey Map No. 5715; thence along said line
N 7O54'57" E 21.48 feet to the TRUE POINT OF BEGINNING.
DLW/s kg
268-01-1 (w) ,229.51 Page 2 of 2
WeVrnWrnHY ASSOCIATES '
co"G ENuNEfRs
445s MURPHY rn RQ4D, sum 200 sANMGo,cA92lz3 pqs7&m
OlW7POU~EYY~fINc
C/W bt CARLSBAD ACOU(SIl'l0N PLA'
##WIDIT bay
Job NO.2(
Dato: 9/#/87 By: D. WAUL Shot Io'
\WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO:
CITY CLERK
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CA 92008
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S US
W W
The Grantee shall have the right to fence all or any portion of said easement r herein conveyed within which there is installed or constructed an unenclosed flood drainage channel . The Grantee, it successors and assi gns, 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 flood drainage channel 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 contractor 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 successors and assigns, of the rights and privileges herein granted.
Executed this day of 19 . 9-
STATE OF )ss.
County of )
On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the persons(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution
No. adopted on , and the Grantee consents to recorm thereof by its duly authorized officer.
ALETHA L. RAUTENKRANZ, City Clerk Dated BY
m e
1
EXHIBIT
LEGAL DESCRIPTION
Assessors Parcel No. 212-040-25
All that portion of Lot "G" of the Rancho Agua Hedionda according to map
thereof No. 823 filed in the office of the County Recorder of San Oiego Count
November 16, 1896, in the City of Carlsbad, County of San Diego, State of
California, being more particularly described as follows:
Beginning at a point on the southerly right-of-way of Road Survey No. 1534 on
file in the office of the County Surveyor of said County, know as Palomar
Airport Road, at Engineer's Station 78+25.34 E.C. ; thence along said southerl,
right-of-way S 78'19'53" E (N 78O20'53" W per said R.S. 1534) 702.77 feet to
the TRUE POINT OF BEGINNING "A"; thence leaving said southerly right-of-way,
S 11*40'07" W 60.00 feet; thence S 78O19'53" E 20.00 feet, thence N 11'40'07"
60.00 feet to said southerly right-of-way; thence along said southerly
right-of-way, N 78O19'53" W 20.00 feet to the TRUE POINT OF BEGINNING "A".
Together with the following described portion of said Lot
Beginning at a point on the southerly right-of-way of Road Survey No. 1534 on
file in the office of the County Surveyor of said County, know as Palomar
Airport Road, at Engineer's Station 78+25.34 E.C.; thence along said southerl.
right-of-way S 78'19'53" E (N 78O20'53" W per said R.S. 1534) 1,255.77 feet t
the TRUE POINT OF BEGINNING "6"; thence leaving said southerly right-of-way,
S ll"40'07" W 63.00 feet; thence S 78'19'53" E 20.00 feet; thence
N 11'40'07" E 63.00 feet to said southerly right-of-way; thence along said
southerly right-of-way, N 78'19'53" W 20.00 feet to the TRUE POINT OF
BEGINNING "8".
"G":
DLW/se
268-01-1 (W)347.76 Page 1 of
0 w
r
Together with the following described portion of said Lot "G":
All that portion Of that certain parcel of land shown and designated as
"Description No. 3, 78.07 acres" on record of Survey Map No. 5715, filed in
the office of the County Recorder of San Diego County, December 19, 1960,
lying southerly of the centerline of Palomar Airport Road, as shown on Road
Survey No. 1534, on file in the office of the County Surveyor of said County,
being more particularly described as follows:
Beginning at a point on the centerline of said Road Survey No. 1534, distance
thereon 110.74 feet from the beginning of a tangent curve concave
southwesterly and having a radius of 1,200.00 feet, said beginning of curve '
being designated Engineer's Station 99+10.74 on said Road Survey No. 1534;
thence from said centerline point, in a straight line toward the most
northerly corner of that certain parcel of land shown and designated as
"Description No. 5, 103.54 acres", on said Record of Survey Map 5715,
S 7O54'57" W 71.59 feet to the TRUE POINT OF BEGINNING "C"; thence continuing
along said line, S 7'54'57" W 47.83 feet; thence leaving said line
S 8O"OO'OO" W 27.70 feet to the beginning of a tangent curve concave
southeasterly and having a radius of 40.00 feet; thence southwesterly along
said curve through a central angle of 4O"OO'OO" an arc length of 27.93 feet;
thence tangent to said curve S 40°00'00" W 100.00 feet; thence N 82'50'18" W
147.10 feet; thence N 72"OO'OO" E 120.00 feet; thence N 4O"OO'OO" E 78.00 feet
to the beginning of a tangent curve, concave southeasterly and having a radius
of 100.00 feet; thence northeasterly along said curve through a central angle
of 49'14'37" an arc length of 85.95 feet to an intersection with a non-tangent
curve concave southerly and having a radius of 1,937.00 feet, a line radial to
said 1,937.00 foot curve bears N 16'09'12" E, and a line radial to said 100.00
foot radius curve bears N 00O45'23'' W; thence easterly along said 1,937.00
foot curve through a central angle of O"52'18" an arc length of 29.47 feet to
the TRUE POINT OF BEGINNING "C".
DLW/se
268-01-1 (W)347.76 Page 2 of 2
&G&-vtG &mJF=Q rnF1 LOT G
RED A&!!\ k4.a
MAP NO, 323
Pfwelz,W-Zs
WN = ImZp 0 o%G.
EXUIWr'0'
r an' OF CARL5EAD memmrnIW ASSOCIATLS ACQUI8ITIQH PLI
STORM WIhl EPhEMEN
Job No.
Date: 41~1efl BY: 0.WL Sheet 1
CoNSuLTlNG ENUN€ERS A455 MURPHY CAMOly Ro4D, sum 100 SANDIEGOa9292M (619)576-m
0?9e7#WN?NEY&Lssoaun,!Nc
POR m-r G
I? e -P as MaJiW
WN = .MAP bD, 823 IW.63 ct2 = 0.03s
j+D ,AGtJk\ ,7LDlObD&!\
w\m ’e+
I C1W cic4PL”=.BAQ BemIy’v&,mw ASSOCI*IES ’ ACQUISITION PLAT
fiOR~4 ~AIN WMEU C0”G EWNEEK 1uJ MuRpmcA” ROAD, wm 200 UNa€Go,CAm23 (619)57&rn
(OW POUMNEY 6 AssooAM INC
Job No. &6-01- I
Dmto: q/+o/m By: D.wL Sh..tQOf ga-ts
.’
1
TRUE W\NT ff 0~\bh4rJbE kc''
LwmVIzF &#lpB3 hAAP N 0,823 avw7TT\ mag-m@w
14$~l*4c/ c+= = O.%&
f cny~cpecbepo mewmmmmw ASSOCIA~ES ACQUISITION PL
STORM WAiN EA5EMi COMuDlNG E"EERs au5MuRmY~ m, sum 200 SANMKiQCAmm rwq576-m Job No
@WPOUNMM&ASSOQAmINC Dit.: q(&(w BY: 0. WPcK, 8-t <
SCUI0Kb'
5FTHEN RECORDED, PLEASE MAIL
THIS INSTRUMENT TO:
CITY CLERK CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CA 92008
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S U!
m. m
(b) That within said open space easement, the subject area will be left in' natural state for the protection of endemic biological resources, and no clearing or removal of any vegetation shall be permitted except hand brush clearing .for fire protection purposes by written order of the office of fire services coordinator within said open space easement, and except as for landscaping and the placement of drainage structures and associated rip-rap within said open space easement, without the written authorization of the City of Carlsbad or its successors or assigns.
(c) That it shall not excavate or grade or permit any excavating or grading to be done or place or allow to be placed any sand, soil rock, gravel or other material whatsoever on the subject land without the written permission of the City of Carlsbad or its successors or assigns, provided, however, that the Grantor may excavate, grade or place sand, soil, rock or gavel or other material on the subject land as is permitted by written permission of the City of Carlsbad.
(d) That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California.
The grant of this easement and its acceptance by Grantee shall not authorize the public or any members thereof to use or enter upon any or any portion of the subject land, it being understood that the purpose of this easement is solely to restrict the uses to which the subject land may be put.
This easement shall bind the Grantor and its successors and assigns.
To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever with the right to convey said easement, or any portion of said easement, to other public agencies.
The real property referred to hereinabove and made subject to said easement and right-of-way by this grant is situated in the City of Carlsbad, County of San Diego, State of California, and is particularly described as follows:
See the attached legal description designated Exhibit "A", consisting of 2 sheets, and the attached Acquisition Plats, designated Exhibit "B", consisting of 1 sheet, each made a part hereof by reference.
0 I. 0
I ' There is reserved to the Grantor, his successors and assigns, the right privilege to use the above described land of the Grantor at any time, in manner and for any purpose not inconsistent with the full use and enjoyment by Grantee, its successors and assigns, of the rights and privileges herein grant
Executed this day of Y 19-0
STATE OF )ss.
County of 1
On , 19,, before me, the undersigned, a Notary Publi
and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence be the persons(s) whose narne(s) is/are subscribed to the within instrument acknowledged to me that he/she/they executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the fore5 corporation grand deed to the City of Carlsbad, a municipal corporation is he accepted by the City Council of said City of Carlsbad, California pursuan Resolution No. adopted on , and the Gre consents to recordation thereof by its duly authorized officer.
Dated BY ALETHA L. RAUTENKRANZ, City Clerk
385.26
w- w
I EXHIBIT "A"
Ass es so rs Pa rce 1 2 12 -040-2 5
That portion of that certain parcel of land shown and designated as
"Description No. 3, 78.07 acres" on Record of Survey Map
No. 5715, filed in the office of the County Recorder of San Diego County,
December 19, 1960, being a portion of Lot "GI' of the Rancho Agua Hedionda,
according to map thereof No. 823, filed in the office of the County Recorder
of San Diego County, November 16, 1896, in the City of Carlsbad, County of
San Diego, State of California, lying southerly of the centerline of Palomar
Airport Road, as shown on County of San Diego Road Survey No. 1534, on file in
the office of the County Surveyor of said County, being more particularly
described as foll ows:
Beginning at a point on the centerline of said Road Survey No. 1534, distance
thereon 110.74 feet from the beginning of a tangent curve concave
southwesterly and having a radius of 1,200.00 feet, said beginning of curve
being designated Engineers' Station 99+10.74 on said Road Survey No. 1534;
thence from said centerline point, in a straight line to the most northerly
corner of that certain parcel of land shown and designated as "Description
No. 5, 103.54 acres'' on said record of Survey Map No. 5715, S 7'54'57" W
71.59 feet to the TRUE POINT OF BEGINNING, said point being on a curve concave
southerly and having a radius of 1,937.00 feet, a radial line to said point
bears N 17'01'03" E; thence westerly along said curve through a central angl e
of 05Y0'56" an arc length of 180.83 feet; thence tangent to said curve
N 78'19'53'' W 1,226.05 feet to the easterly line of Parcel Map No. 2993 filed
in the office of the County Recorder of said County, August 23, 1974; thence
along said easterly line, S 14'10'59'' W (S 13'36'43" W per said Parcel Map No.
2993) 47.86 feet; thence N 84'00'00" E 19.89 feet; thence
N 23'00'00" E 30.00 feet; thence S 78'00'00" E 243.00 feet; thence
S 77'30'00" E 548.00 feet; thence S 80'00'00" E 198.00 feet; thence
S 79'00'00" E 196.00 feet; thence S 81'00'00'' E 54.87 feet; thence
S 31'30'00" E 35.64 feet; thence S 46'00'00" W 14.03 feet; thence South 20.00
feet; thence S 48'00'00" W 60.00 feet; thence S 68"OO'OO'' W 80.00 feet; thence
DLWIse 268-01-4(W)385.27 Page 1 of 2
e .. 0
,
4
S 16"OO'OO" E 30.00 feet; thence S 82"OO'OO" E 122.00 feet; thence
S 60'00'00" E 75.00 feet; thence S 74'00'00" E 31.99 feet to intersection with
a 1 ine drawn from the TRUE POINT OF BEGINNING to the most northerly corner of
said "Description No. 5" shown on said Record of Survey Map No. 5715; thence
along said line N 7'54'57" E 197.72 feet to the TRUE POINT OF BEGINNING.
DLWIse 268-01-4(W)385.27 Page 2 of
01:49 pH@ v .*
Pr9;oct: 268-014
User I.D. number: 4
Pal Arpt Rd Uest O/S Easel ylts
6 E 0 A R E A Listing
1781 349503.6527 b80223.1837
1686 -5" 20' 56.00' L= 180.8300 I= 90.4307 347651.4634 674656.2940
1688 343348.4329 680048.0538
i64? 349795.403 618847.3417
1103 349749.3944 6?8535.6145
io38 349752.0740 6TEE55.3998
: $39 349779.6941 67E'i. 1217
N 17" 01' 03.00' E (RCID) 1937.0000
N 11" 40' 07.00' E (BAD) 1937.0000
N 78" 19' 53.00' W XZ6.05N
s 14" 10' 55.90' M 41.8620
N 84" 00' 00.00' E 19.3943
N 2'3" 02' 00.00' E 30. 0000
S 78" 90' 00.00' E 243.0000
S 77" 30' 00.00' E 548. 0000
S 80" 00' 00.00' E 148. oooe
1040 349724.17i6 675104.81 16
1041 349610.5626 674634.8218
1042 349576.1803 679e34.8138
1043 349538 .X17 680O27.2127
1041 349530,1560 680081.4#82
1645 349499.8120 680130.028fi
i 046 345430,0673 680984.4314
164; 349473 .&73 6gCr;$?, 9374
1048 349429.9195 tBG045.3492
10455 349393.9509 67997'1 .I745
349371.1131 679979.4436 1k-0
1051 349354.1340 680100.25G3
io52 349316.6340 680165.2082
i104 349307.8177 680195.9542
l78l 349503.6527 680223.1837
Area = 52173.266 sq.ft Perimeter = 3410.877 ft.
S 79" 00' 00.00' E 196.r,0#0
S 81" 00' 00.00' E 54.871 1
S 31" 30' 00.00' E 35,6376
5 46" 00' 0Q.00' w i4mo
S 0" 00' 00.00' E 2#.0000
s 48" 00" 00.00' w 6C. COO0
s 68" 00' 00.00' M BO. 0000 ..
s 16" 00' OO.@$' E Sf. OGOd
S 82" 00' 00.00' E 122.0000
S 60" 09' 00.00' E 75.0000
S 74" 00' 00.00' E 31.9850
N 7" 54' 57.00' E 197.7189
? *\c
- - 1.1977 mes
IPiBmmwmmw ASSOCIATES
CONSULTING ENGlNEERS
A455 MURPHY CANYON ROAD, SUlE 200 SAN DIEGO, CA 92123 (679) 576-9200
91987 POUNINEY8 ASSOCIATES, INC
' CiTY OF CAPLGQAD ACQUISITION PLi
Job No
Date: 9/30/)37 By: 0 WAHL Sheet 1
OPEN SPACE EASEMENT
x- ,
WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO:
CITY CLERK CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CA 92008
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S US!
w 0
The Grantor hereby further grants to the City of Carlsbad that privilege and right to L
extend drainage structures and excavation and embankment slopes beyond the limits of there herein described right-of-way where required for the construction and
maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City
Engineer of Grantee, the necessity therefore is removed by substituting other
protection, support and/or drainage facility, provided such substitution is first
approved in writing by said Engineer(s).
The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the
right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway.
The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby
conveyed by reason of the location, construction, landscaping or maintenance of said highway .
Dated this day of 9 19-0
STATE OF )ss.
County of 1
On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the persons(s) whose name(s) is/are subscribed to the within instrument and - acknowledged to me that he/she/they executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee consents to
recordation thereof by its duly authorized officer.
Dated BY ALETHA 1. RAUTENKRANZ, City Clerk
A- 5 5 0 C I A 7 E 5 nwmmmmw
c0"G ENGINEERS LassMuMcAMloNRaaD,urm200 sANolKjcxcA922123 /619j5769200 em7Foum€r&~ INC
GhYOF=Wm ACQUISITiON CLI 11$211 E%kwtf
Job No.
Dmt.:q@~ /u BY: '9. HALL Sbet 1
w w
LEGAL DESCRIPTION
Assessors Parcel 212-040-26
All that portion of that certain parcel of land shown and designated as
"Description No. 3, 78.07 acres'' on record of Survey Map
No. 5715, filed in the office of the County Recorder of San Diego County,
December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda,
according to map thereof No. 823, filed in the office of the County Recorder
of San Diego County, November 16, 1896, in the City of Carlsbad, County of .
San Diego, State of California, lying southerly of the centerline of Palomar
Airport Road, as shown on County of San Diego Road Survey No. 1534, on file in
the office of the County Surveyor of said County, being more particularly
described as foll ows :
Beginning at a point on the centerline of said Road Survey No. 1534, distance
thereon 110.74 feet from the beginning of a tangent curve concave
southwesterly and having a radius of 1,200.00 feet, said beginning of curve
being designated Engineers' Station 99t10.74 on said Road Survey No. 1534;
thence from said centerline point, in a straight line toward the most
northerly corner of that certain parcel of land shown and designated as
"Description No. 5, 103.54 acres", on said record of Survey Map No. 5715,
S 7O54'57" W 50.11 feet to the southerly right-of-way of said Road Survey
No. 1534, said point being the TRUE POINT OF BEGINNING; thence along said
southerly right-of-way S 78O19'53" E (S 78"20'53" E per Road Survey No. 1534)
107.46 feet to the beginning of a tangent curve concave southwesterly and
having a radius of 1,150.00 feet; thence easterly along said curve through a
central angle of 1'52'28'' an arc length of 37.62 feet to the westerly line of
Carlsbad Tract No. 82-4, according to Map thereof No. 11358 on file in the
office of the County Recorder of said County; thence along said westerly line,
S 13'32'35" W (S 13"32'04" W per Map No. 11358) 39.52 feet; thence leaving
said westerly line, N 68"44'20" W 0.17 feet to the beginning of a tangent
curve concave southwesterly and having a radius of 1,937.00 feet; thence
DLW /sk g 268-01-1(~).229.52 Paae 1 of 2
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,
westerly along said curve, through a central angle of 4'14'37" an arc length
of 143.46 feet to the intersection with a line from the TRUE POINT OF
BEGINNING to the most northerly corner of said "Description No. 5"; thence
along said line N 7'54'57" E 21.48 feet to the TRUE POINT OF BEGINNING.
Dq"- 3 -L' DLW/skg 368-flI -1 (w). 779 F7
THIS INSTRUMENT TO:
CITY CLERK
CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CA 92008
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE 0
W 0
The Grantor hereby further grants to the City of Carlsbad that privilege and right -'to
extend drainage structures and excavation and embankment slopes beyond the 1 imi ts bf there herein described right-of-way where requi red for the construction and maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City
Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first
approved in writing by said Engineer(s).
The Grantor hereby further grants to Grantee a11 trees, growths (growing or that may
hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway.
The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said hi ghway .
Dated this day of ¶ 19-m
STATE OF )ss.
County of )
On , 19,, before me, the undersigned, a Notary Pub1 ic in and
for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution
No D adopted on , and the Grantee consents to recordation thereof by its duly authorized officer.
Dated BY ALETHA L. RAUTENKRANZ, City Clerk
0 0
,
LEGAL DESCRIPTION
Assessors Parcel Nos. 211-040-08, -09
All that portion of Lot 'H' of the Rancho Agua Hedionda according to map
thereof No. 823 filed in the office of the County Recorder of San Diego County
November 16, 1896, in the City of Carlsbad, County of San Diego, State of
California, being more particularly described as follows:
Beginning at a point on the easterly line of said Lot 'HI, said point being at
the point of intersection with the centerline of Road Survey No. 1534, filed
in the office of the County Surveyor of said County, and shown on Record of
Survey Map No. 5715 filed in the office of the County Recorder, December 19,
1960; thence along the easterly line of said Lot 'HI S 0'03'18" W
(S 0'31'16'' E per Record of Survey Map No. 5715), 52.97 feet to a point on the
southerly right-of-way of Road Survey No. 1534 on file in the office of the
County Surveyor of said County; thence along said right-of-way S 70'46'53" W,
80.42' (S 70'45'53"W per R.S. No. 1534) to the TRUE POINT OF BEGINNING; thence
leaving said southerly line S 69"43'15" W, 391.30 feet to the beginning of a
tangent curve, concave northerly and having a radius of 2,313.00 feet; thence
westerly along said curve through a central angle of 22'27'14'' an arc length
of 906.45 feet; thence tangent to said curve N 87'49'31" W 1,134.49 feet to
the beginning of a tangent curve concave southerly and having a radius of
2,187.00 feet; thence westerly along said curve through a central angle of
4"20'02" an arc length of 165.43 feet; thence tangent to said curve
:S 87O50'27" W 109.17 feet to the beginning of a tangent curve, concave
iiortherly and having a radius of 2,313.00 feet; thence westerly along said
lcurve through a central angle of 4'20'54''. an arc length of 175.54 feet; thence
tangent to said curve N 87'48'39'' W 24.15 feet to the northeast corner of
Parcel 3 of Parcel Map No. 195 on file in the office of the County Recorder of
said County recorded January 30, 1970; thence N 64'15'30'' E 72.60 feet to the
southerly right-of-way of said Road Survey No. 1534; thence along said
!southerly right-of-way S 87'49'31"E 1,605.96 feet to the beginning of a
tangent curve, concave northerly and having a radius of 2,050.00 feet; thence
I) lW/ s e
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easterly along said curve through a central angle of Zl"23'36" (Zl"23'39" per
Road Survey No. 1534), an arc length of 765.44'; thence tangent to said curve
N 70"46'53"E, 467.59 feet to the TRUE POINT OF BEGINNING.
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CoNSuLllNc ENUNEEK -MURPHY WrON Rou), sum 200 sANKmEGo,cA42123 /619)576-m 6rn7POUNMM6,ASXKlAmINC Dato:41m/efl BY: D AWL Shoot I Of I
Job No. - -
WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO:
CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY
The Grantee shall @ ve the right to fence all or q ny portion of said easemen . herein conveyed within which there is installed or constructed an unenclosed fioo
for operating, maintaining, and keeping in good repair the above described work
The Grantor, his successors and assigns, reserves the right to enclose in a manne
approved by the Grantee, its successors and assigns, any portion of an unenclose flood drainage channel provided such enclosure is constructed or installed by licensed contractor in accordance with plans and Specifications approved by and t the satisfaction of. the Grantee, its successors and assigns. in granting it approval , the Grantee, its successors and assigns, may impose reasonabl
conditions, including, but not limited to, the filing by the contractor or Granto
of an adequate performance bond to guarantee completion of the work.
There is reserved to the Grantor, his successors and assigns, the right an
privilege to use the above described land of the Grantor at any time, in an manner and for any purpose not inconsistent with the full use and enjoyment by th
Grantee, its successors and assigns, of the rights and privileges herein granted.
I drainage channel. The Grantee, it successors and assigns, shall be responsibl
of improvement. .- -
Executed this day of 9 19-0
!STATE OF )ss.
County of 1
0 n , 19,, before me, the undersigned, a Notary Public ir
and for said County and State, personally appeared
iiersonally known to me (or proved to me on the basis of satisfactory evidence) tc
lie the persons(s) whose name(s) is/are subscribed to the within instrument an(
acknowledged to me that he/she/they executed the same.
lditness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution
No. adopted on , and the Grantee consents tc recordati on thereof by its duly authorized officer.
Dated BY ALETHA L. RAUTENKRANZ, City Clerk
v 0
,
EXHIBIT "A"
LEGAL DESCRIPTION
Assessors Parcel Nos. 211-040-08
All that portion of Lot 'HI of the Rancho Agua Hedionda according to map
thereof No. 823 filed in the office of the County Recorder of San Diego County
November 16, 1896, in the City of Carlsbad, County of San Diego, State of
California, being more particularly described as follows:
Beginning at a point on the southerly right-of-way of Road Survey No. 1534 on
file in the office of the County Surveyor of said County, known as Palomar
Airport Road, at Engineer's Station 43+46.41, B.C.; thence along said
southerly right-of-way N 87'49'31" W (N 87'50'28" W per said R.S. 1534) 36.72
feet to the TRUE POINT OF BEGINNING "A"; thence leaving said southerly
right-of-way, S 1'42'46" W 77.88 feet; thence N 88'12'14" W 20.00 feet, thence
N 1'47'46" E 78.01 feet to said southerly right-of-way; thence along said
southerly right-of-way, S 87'49'31" E 20.00 feet to the TRUE POINT OF
BEG I NN I NG "A" .
Together with the following described portion of said Lot "Hl':
Beginning at a point on the southerly right-of-way of Road Survey No. 1534
filed in the office of the County Surveyor of said County, known as Palomar
Airport Road, said point being at Engineer's Station 43+46.41, B.C. per said
R.S. 1534, said point being at the end of a curve, concave northwesterly and
having a radius of 2,050.00 feet; thence easterly along said southerly
right-of-way and said curve through a central angle of 7°53'18" an arc length
of 282.24 feet to the TRUE POINT OF BEGINNING "8"; thence leaving said curve
S 13'44'00" E 60.73 feet; thence N 76'16'00" E 20.00 feet; thence
N 13'44'00" W 58.01 feet to the southerly right-of-way of said Road Survey
No. 1534, said point being on a non-tangent curve, concave northwesterly and
DLWse
2 68-01-1 (w) 347.74 Page 1 of 3
0 0 .
L
having a radius of 2,050.00 feet, a radial line to said point bears
S 06'16'38" E; thence westerly along said curve through a central angle of
0'33'49" an arc length of 20.16 feet to the TRUE POINT OF BEGINNING "B".
Together with the following described portion of said Lot "H":
Beginning at a point on the southerly right-of-way of Road Survey No. 1534 on
file in the office of the County Surveyor of said County, known as Palomar
Airport Road, at Engineer's Station 51+78.49 Ahd., E.C., said point being at
the end of a curve concave northwesterly, and having a radius of 2,050.00
feet; thence westerly along said southerly right-of-way and said curve,
through a central angle of 1O47'52" an arc length of 64.32 feet to the TRUE
POINT OF BEGINNING "C"; thence leaving said curve, S 16'32'19" E 48.84 feet;
thence S 73O27'41" W 20.00 feet; thence N 16'32'19" W 48.63 feet to the
southerly right-of-way of said Road Survey No. 1534, said point being on a
leurve concave northwesterly and having a radius of 2,050.00 feet, a radial
line to said point bears S 16'51'43'' E; thence along said curve through a
central angle of OO33'32" an arc length of 20.00 feet to the TRUE POINT OF
I3 E G I NN I NG " C " .
Together with the following described portion of said Lot "HI':
I3eginning at a point on the southerly right-of-way of Road Survey No. 1534 on
file in the office of the County Surveyor of said County, know as Palomar
Airport Road, at Engineer's Station 51+78.49 Ahd., E.C.; thence along said
southerly right-of-way N 70O46'53" E (N 70'45'53'' E per said R.S. 1534) 283.76
feet to the TRUE POINT OF BEGINNING "D"; thence leaving said southerly
right-of-way, S 20'16'45" E 56.40 feet; thence N 69'43'15" E 20.00 feet,
thence N 20'16'45" W 56.03 feet to said southerly right-of-way; thence along
said southerly right-of-way, S 70O46'53" W 20.00 feet to the TRUE POINT OF
(3 E G I N N I NG It D I' .
1) LW/ s e
268-01-1(~)347.74 Page 2 of 3
a .
1
Together with the following described portion of said Lot "H":
Beginning at the northwesterly corner of Parcel "A" of Parcel Map No. 2993 on
file in the office of the County Recorder of said County, recorded August 23,
1974, said point being on the southerly right-of-way of Road Survey No. 1534,
on file in the office of the County Surveyor of said County, known as Palomar
Airport Road; thence along said southerly right-of-way, S 70'46'53" W
(S 70" 45' 53" W per said R.S. 1534) 34.75 feet to the TRUE POINT OF
BEGINNING "E"; thence leaving said southerly right-of-way S 19"30'03" w 67.14
feet; thence N 70'29'57'' W 20.00 feet; thence N 19'30'03" E 51,11 feet to said
southerly right-of-way; thence N 70'46'53" E 25.63 feet to the TRUE POINT OF
BEGINNING "E".
Together with the following described portion of said Lot
Beginning at a point on the southerly right-of-way of Road Survey No. 1534
filed in the office of the County Surveyor of said County, known as Palomar
Airport Road, said point being at Engineer's Station 43+46.41, 8.C. per said
R.S, 1534, said point being at the end of a curve concave northwesterly and
having a radius of 2,050.00 feet; thence along said southerly right-of-way
N 87"49'13" W (N 87'50'28" W per said Road Survey No. 1534) 1,282.87 feet to
the TRUE POINT OF BEGINNING "F"; thence leaving said southerly right-of-way
S 0'23'17" E 205.61 feet to the beginning of a tangent curve concave easterly
and having a radius of 88.00 feet; thence southerly along said curve through a
central angle of 16"OO'OO" an arc length of 24.57 feet; thence tangent to said
curve, S 16"23'17" E 145.95 feet; thence S 73'36'43" W 24.00 feet; thence
N 16'23'17" W 145.95 feet to the beginning of a tangent curve, concave
easterly and having a radius of 112.00 feet; thence northerly along said curve
through a central angle of 16'00'00" an arc length of 31.28 feet; thence
tangent to said curve N 0'23'17" W 206.68 feet to said southerly right-of-way
of Palomar Airport Road; thence along said right-of-way, S 87'49'31" E 24.02
feet to the TRUE POINT OF BEGINNING 'IF".
"H":
DLW/se 268-01-1 (~)347.74 Paae 3 of 3
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Job No. 260 - 0 I -L
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WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO:
CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008
- NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONL
0
f ..
EXHIBIT "A"
Assessors Parcel Nos. 291-040-08, -09
All that portion of Lot 'Hi of the Rancho Agua Hedionda according to map
thereof No. 823 filed in the office of the County Recorder of San Diego County
November 16, 1896, in the City 'of Carlsbad, County of San Diego, State of
California, being more particularly described as follows:
Beginning at the northeast corner of Parcel 3 of Parcel Map No, 195 on file in
the office of the County Recorder of said County, recorded January 30, 1970;
thence along the northerly prolongation of the east line of said Parcel 3,
N 02'10'50" E 34.11 feet to the southerly right-of-way of Road Survey No.
1534, 100 feet wide, filed in the office of the County Surveyor of said
County; thence along said southerly right-of-way S 87"49'31" E 1,670.06 feet
to the beginning of a tangent curve, concave northerly and having a radius of
2,050,OO feet; thence easterly along said curve through a central angle of
6'28'51", an arc length of 231.88 feet; thence leaving said curve,
S 70'00'00" W 562.10 feet; thence N 89'13'00 W 550.00 feet; thence
N 75'43'00" W 850.00 feet to the point of BEGINNING.
DLW/skg 268-01-1(~).370.19 Page 1 of 1
CITY OF CARL58AQ ACQUISITION PLAT @@VB!5Wrnrnrj ASSOCIA~ES
CONSULTlNG ENGINERS -lEMPQWp.l f7oprP cam?umadK
4455 MURPHY CANYON ROAD, SUm 200
SAN DIEGO, CA 92l23 (610) 576-9200 Job No. ?-LE
01987 POUNTNEY 8 ASSoclATE$fNC Date: ?/30/87 BY: o WAHL Sheet I Of I
THIS INSTRUMENT TO:
CITY CLERK
CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE (
0 The Grantor hereby further grants to the Ca’ty of Carlsbad that privilege and right‘to extend drainage structures and excavation and embankment slopes beyond the 1 imits ‘of there herein described right-of-way where required for the construction ana
maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or
drainage structures or portions thereof, when in the written opinion of the City
Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage faCi1 ity, provided such substitution is first
approved in writing by said Engineer(s).
The Grantor hereby further grants to Grantee aJl trees, growths (growing or that may
hereafter grow), and road building materials within said right-of-way, including the
right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway.
The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor’s remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said
hi ghway .
Dated this day of Y 19-.
STATE OF )ss.
county of )
On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the persons(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution
No. adopted on , and the Grantee consents to recordation thereof by its duly authorized officer.
Dated BY ALETHA L. RAUTENKRANZ, City Clerk
m 0
EXH IB IT "A"
LEGAL DESCRIPTION
Assessors Parcel Nos. 211-021-18, -19
All that portion of Lot 'H' of the Rancho Agua Hedionda according to map
thereof No. 823 filed in the office of the County Recorder of San Diego County
November 16, 1896, in the City of Carlsbad, County of San Diego, State of
California, being more particularly described as follows:
Beginning at a point on the easterly line of said Lot 'HI, said point being at
the point of intersection with the centerline of Road Survey No. 1534 filed in
the office of the County Surveyor of said County and as shown on Record of
Survey Map No. 5715 filed in the office of the County Recorder December 19,
1960; thence along the easterly line of said Lot 'HI, N 0'03'18" E
(N 0°31'16" W per Record of Survey Map No. 5715), 52.97 feet to a point on the
northerly right-of-way of Palmar Airport Road as shown on said Road Survey
No. 1534, said point being the RUE POINT OF 8EGINNING; thence continuing
,along said easterly line N OO03'18'' E (N OO31'16" W per Record of Survey Map
INO. 5715), 30.02 feet; thence leaving said easterly line S 69'43'15" W, 518.95
feet to the beginning of a tangent curve, concave northerly and having a
radius of 2,187.00 feet; thence westerly along said curve through a central
(angle of 22'27'14" an arc length of 857.07 feet; thence tangent to said curve
IN 87O49'31" W, 1,134.49 feet to the beginning of a tangent curve, concave
4;outherly and having a radius of 2,313.00 feet; thence westerly along said
curve through a central angle of 4'20'02" an arc length of 174.96 feet; thence
tangent to said curve S 87O50'27" W 84.52 feet to a point of intersection with
the northerly right-of-way of Palomar Airport Road as shown on said Road
Survey No. 1534; thence along said northerly right-of-way S 87'49'31" E
(S 87'48'39" E per Road Survey No. 1534), 1,455.48 feet to the beginning of a
1:angent curve concave northerly and having a radius of 1,950.00 feet; thence
easterly along said curve through a central angle of 21'23'36'' an arc length
of 728.10 feet; thence tangent to said curve N 70O46'53" E, 582.97 feet to the
TRUE POINT OF BEGINNING.
ULW/lcd 268-01-1 (w) .300.36
-
sm' W'G$W 842' 447'4%~ psml4' L.174.40'
h/J+\F NO 32-3
APN 2lt-02l-IB 21 I -021 - I9
4= Lpr'CI'w.t3
WHEN RECORDED, PLEASE MAIL
THIS INSTRUMENT TO:
CITY CLERK
CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE 0
*
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 flood ’
drainage channel. The Grantee, it 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 flood drainage channel provided such enC’ToSure 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 2 the Grantee, its successors and assigns, may impose reasonable conditions, including, but not limited to, the filing by the contractor or Grantor
of an adequate performance bond to guarantee completion of the work.
There is reserved to the Grantor, his succe5sot-s 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 successors and assigns, of the rights and privileges herein granted.
Executed this day of 9 19-0
-
lss* STATE OF County of
On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee consents to
recordation thereof by its duly authorized officer.
Dated BY ALETHA L. RAUTENKRANZ, City Clerk
e
L
?I
EXHIBIT "A"
LEGAL DESCRIPTION
Assessors Parcel No. 211-021-19
All that portion of Lot 'H' of the Rancho Agua Hedionda according to map
thereof No. 823 filed in the office of the County Recorder of San Diego County
November 16, 1896, in the City of Catlsbad, County of San Diego, State of.
California, being more particularly described as follows:
Beginning at a point on the northerly right-of-way of Road Survey No. 1534 on
file in the office of the County Surveyor of said County, known as Palomar
Airport Road, at Engineer's Station 43t46.41 B.C. ; thence along said northerly
right-of-way, N 87O49'31" W (N 87'50'28" W per said R.S. 1534), 37.38 feet to
the TRUE POINT OF 6EGINNING"A"; thence leaving said northerly right-of-way,
N 1O47'46" E, 82.62 feet; thence N 88O12'14" W, 20.00'; thence S 1'47'46" W,
82.48 feet to said northerly right-of-way; thence along said northerly
right-of-way, S 87O49'31" E, 20.00 feet to the TRUE POINT OF BEGINNING "A".
Together with the following described portion of said Lot 'IH":
Beginning at a point on the northerly right-of-way of Road Survey No. 1534
filed in the office of the County Surveyor of said County, known as Palomar
,Airport Road, said point being at Engineer's Station 43+46.41, B.C. as shown
on said R.S. 1534, said station being at the end of a curve, concave northerly
and having a radius of 1,950.00 feet; thence easterly along said northerly
right-of-way and said curve through a central angle of 7'28'26" an arc length
of 254.37 feet to the TRUE POINT OF BEGINNING "B"; thence leaving said curve N
13'44'00" W, 63.23 feet; thence N 76'16'00" E, 20.00 feet; thence
'5 13'44'00" E, 66.09 feet to the northerly right-of-way of said Road Survey
- - -- I) LW / s e
?reo ni it \-AT 9-
0 W
,
No. 1534; said point being on a non-tangent curve, concave northerly and
having a radius of 1,950.00 feet, a radial line to said point bears S
05°53'34't E; thence westerly along said curve through a central angle of
0'35'37" arc length of 20.20 feet to the TRUE POINT OF BEGINNING "B".
Together with the following described portion of said Lot "H":
Beginning at a point on the northerly right-of-way of said Road Survey No.
1534 on file in the office of the County Surveyor of said County, known as
Palmar Airport Road, at Engineer's Station 51+78.49 Ahd., E.C., said point
being at the end of a curve, concave northerly, and having a radius of
1,950.00 feet, a radial line to said point bears S 19"13'07" E; thence
westerly along said northerly right-of-way and said curve, through a central
angle of 1°56'27" on arc length of 66.05 feet to the TRUE POINT OF BEGINNING
"C"; thence leaving said curve, N 21"OO'OO" E, 75.62 feet; thence
N 69°00'00" W, 20.00 feet; thence S 21"OO'OQ'' W, 91.19 feet to the northerly
right-of-way of said Road Survey No. 1534, said point being on a curve,
concave northerly and having a radius of 1,950.00 feet, a radial line to said
point bears S 16'31'59'' E; thence easterly along said curve through a central
angle of OO44'41" an arc length of 25.35 feet to the TRUE POINT OF BEGINNING
"C a# .
Together with the following described portion of said Lot "H":
Beginning at a point on the northerly right-of-way of Road Survey No. 1534 on
file in the office of the County Surveyor of said County, known as Palomar
Airport Road, at Engineer's Station 51+78.49 Ahd., E.C.; thence along said
northerly right-of-way N 70'46'53'' E (N 7OO45'53'' E per said R.S. 1534),
282.51 feet to the TRUE POINT OF BEGINNING "0"; thence leaving said northerly
right-of-way, N 20O16'45" W, 67.59 feet; thence N 69'43'15'' E, 20.00 feet,
thence S 20°16'45" E, 67.96 feet to said northerly right-of-way; thence along
said northerly right-of-way, S 70O46'53" W, 20.00 feet to the TRUE POINT OF
BEGINNING "D".
DLW/se AL.. -- - # .- .- --
e
Together with the following described portion of said Lot "H":
Beginning at a point on the northerly right-of-way of Road Survey No. 1534 on
file in the office of the County Surveyor of said County, known as Palomar .
Airport Road, at Engineer's Station 43+46.41, 6.C.; thence along said
northerly right-of-way N 87'49'31'' W (N 87°50'28" W per said R.S. 1534),
418.16 feet to the TRUE POINT OF BEGINNING "E"; thence leaving said northerly
right-of-way, N 18*30'00" E, 92.37 feet; thence N 71'30'00" W, 20.00 feet;
thence S 18"30'00" W, 98.40 feet to said northerly right-way; thence along
said northerly right-of-way, S 87'49'31" E, 20.84 feet to the TRUE POINT OF
BEG I NN I NG I' E".
Together with with following described portion of said Lot "H":
BEGINNING at a point on the easterly line of said Lot "H" at its intersection
with the northerly right-of-way of Road Survey No. 1534 on file in the office
of the County Surveyor of said County, know as Palomar Airport Road; thence
along said northerly right-of-way S 70'46'53" W (S 70'45'53" W per said Road
Survey 1534), 15.17 feet; thence leaving said northerly right-of-way,
N 19'30'03" E, 43.01 feet to the easterly line of said Lot "H"; thence along
said easterly line, S 0'03'18" W (S O"02'02" W per said Road Survey 1534),
35.55 feet to the point of BEGINNING.
DLW/se 3651-ni-1 iwi?47 7s; Dona 2 nF 'z
~~ W
I 1's 6'
0
?OF3 LOT 1-1
/ RHO AWA I-JEDJOblDA
hA A ? .iiJ 0, 3 2 3
APFJ 21 1-021- I4
-7' NkY rt/wq --
L -
8 T#UE WlNT
--
I
I I
+&MAE+- Us7-4?'31" 1 A
(rJsl'W'Z$'w ' 'L. E.&. 1524 mBw) - Q I
-- - - .- ---
APEA TO BEACQUIIZEP
SHOWN ea WL OefP 0.09u.
L EW1817 ' 0'
CiTY OF -5eaU7
*akz =At4 WM€dT memmwmmw ASSOCIA~ES ACQUISITION PLAT
-U7FJG €NGIN€ERS -MURPHY CANION m, UIt7E100 sANo1Kjo,c492123 /619)5769300
9m7mMNff 6 AGocWEs INC Data:q/w/m By: tZl&HL 8)N.t t Of 6 Shaatr
Job No. 268-01- 1
-8WWm#W ASSOCIA~~S
Coh6ULTlNG ENGiNEEK - MuRpnrcA" Row, sum 200 SANmCA92m (61QJ576-9100
(DWKXIHMEYI ASXXIATES INC
CITY OF - ACWISlTlON PLAT
0.b: 9/301e;l By: D.WAHL shwt20t 4
-M -AIM EA*ME~JT
Job No. z&
1% 40'
MAP ND. a23 .a 'I
m
m m-r H rlH0 h"G!JA HEDJQNDA
APN 211-021-19
I
AREA TO BE ACQUIPED
SHOWN y//1 lkLaB-60Wm ad+i\L.
EXHIBIT '8'
Crw cFcwZLe7eAo I
ACOWIWTlON PLAT memrnWrn8W ASSOCIA~ES
cD"G EMNE€RS 4455 MultpwT CA" R040, sum 200 uNolKicxcA92323 pKj576-9200 oIpoK;wJmEr&~ 1% Data S/30/87 my: D. WAHL 8hot 3 01 6 8Reota
*ocY wrd mbA€hfT
J& m. 268-OI- f
memmwmmt- ASSOCIATfS
CoNSuDlNG ENcirNEEK 44ssMuM CANm m, sum200 UNMEGO,CA92l23 (Slqn6-9aJo
679WPOUNMM6ASSOOATEfINC
CITY OF CAULS€%D
aORM DRAIN EASZMENT
ACQUISITION PLAT
Job No. =
08to: 9/30/$7 By: RWAHL 8ht 4 Of G
APN 211-OZl-19
AFZEA TO BE KZWIrpED
EXHIBIT '8' coNUllJlNGE~€EK aus MURPHYCAMON w, urmm sANoYGQcA92123 iblgs76-m Job No. 260 -01 e I
~@'487POU"EY&AssoaA;mK I Data 9/30/07 my: D WAUL 8h.d 5 of 6 8hOOt6 J
*
0 r= 4d
\
d I r3-r H
MA? N6.323 2l-D I- AGUA rk IP DDNDA
m 211-M1- 19
S 0.03' \8"W 35.35'
(N0.02'UfE PER PS. 1534.
N\(I'JO'03'E 43.01'
AKEA TO @E ACQUlWP
Zt54.Cil Ce = 6.- CIC. GMOWN m
EXHlblT '13'
GUY SCARL+B~D
-
I meammmmw ASSOCIATLS ACoulSlTlOW PLAT
STORM WICJ 6A5EMErslT COMuLnNG ErnEUs 1uswRmYcA"#)19,uImMo uNoIKio,cA92m p?q57&ozOo
8~~mEY&ssocwEsIK.
Job No.26t
Data: 9/30/07 By: 0.WAHL 8-t 6 Of I
WHEN RECORDED, PLEASE MAIL THIS INSTRWENT TO:
CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008
.-.
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ON1
W a
(b) That within said open space easement, the subject area will be left in natural state for the protection of endemic biological resources, and no clearing or removal of any vegetation shall be permitted except hand brush clearing for fire protection purposes by written order of the office of fire services coordinator within said open space easement, and except as for landscaping and the placement of drainage structures and associated rip-rap within said open space easement, without the written authorization of the City of Carlsbad or its successors or assigns.
(c) That it sha71 not excavate or grade or permit any excavating or grading to be done or place or allow to be placed any sand, soil rock, gravel or other material whatsoever on the subject land without the written permission of the City of Carlsbad or its successors or assigns, provided, however, that the Grantor may excavate, grade or place sand, soil, rock or gavel or other material on the subject land as is permitted
by written permission of the City of Carlsbad.
(d) That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California.
The grant of this easement and its acceptance by Grantee shall not authorize the public or any members thereof to use or enter upon any or any portion of the subject land, it being understood that the purpose of this easement is solely to restrict the uses to which the subject land may be put.
This easement shall bind the Grantor and its successors and assigns.
To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever with the right to convey said easement, or any portion of said easement, to other public agencies.
The real property referred to hereinabove and made subject to said easement and right-of-way by this grant is situated in the City of Carlsbad, County of San Diego, State of California, and is particularly described as follows:
See the attached legal description designated Exhibit "A", consisting of 1 sheet, and the attached Acquisition Plats, designated Exhibit "B", consisting of 1 sheet, each made a part hereof by reference.
*
e e
8 ’ There is reserved to the Grantor, his successors and assigns, the right ar
privilege to use the above described land of the Grantor at any time, in ar
manner and for any purpose not inconsistent with the full use and enjoyment by tl
Grantee, its successors and assigns, of the rights and privileges herein granted4
Executed this day of s 19-*
.-.
lss STATE OF County of
On , 19,, before me, the undersigned, a Notary Public i
and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) t
be the persons(s) whose name(s) is/are subscribed to the within instrument an
acknowledged to me that he/she/they executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoin1
corporation grand deed to the City of Carlsbad, a municipal corporation is hereb:
accepted by the City Council of said City of Carlsbad, California pursuant tc
Resol uti on No. adopted on , and the Grantec consents to recordation thereof by its duly authorized officer.
Dated BY ALETHA t. RAUTENKRANZ, City Clerk
4.
385.18
W 0
I
EXHIBIT "A"
Assessors Parcel Nos. 211-040-08
AI 1 that portion of Lot .-. "H" of the Rancho Jgua Hedionda according to map
thereof No. 823 filed in the office of the County Recorder of San Diego County
November 16, 1896, in the City of Carlsbad, County of San Diego, State of
California, being more particularly described as follows:
Beginning at a point on the easterly line of said Lot 'H' , said point being at
the point of intersection with the centerline of Road Survey No. 1534, filed
in the office of the County Surveyor of said County, and shown on Record of
Survey Map No. 5715 filed in the office of the County Recorder, December 19,
1960; thence along the easterly line of said Lot 'H' S 0'03'18" W
(S 0'31'16" E per Record of Survey Map No. 5715) 51.38 feet to the TRUE POINT
OF BEGINNING; thence leaving said easterly line S 69'43'15" W, 472.26 feet to
the beginning of a tangent curve, concave northerly and having a radius of
2,313.00 feet; thence westerly along said curve through a central angle of
22'27'14" an arc length of 906.45 feet; thence tangent to said curve
N 87'49'31" W 381.95 feet; thence S 45'00'00" W 192.51 feet; thence
S 87'00'00" E 126.00 feet; thence S 68'45'00" E 142.00 feet; thence
N 64'00'00" E 111.00 feet; thence N 71'00'00" E 104.00 feet; thence
N 55'00'00" E 76.00 feet; thence N 73'00'00" E 33.00 feet; thence East 100.00
feet; thence N 63'00'00" E 50.00 feet; thence S 82'00'00" E 110.00 feet;
thence N 32'00'00" E 53.84 feet; thence S 47'00'00" W 43.62 feet; thence
N 79'00'00" E 300.00 feet; thence N 76'00'00" E 134.00 feet; thence
N 70'00'00'' E 242.00 feet; thence N 72'00'00'' E 107.00 feet; thence
N 63'00'00" E 123.00 feet; thence N 70'00'00" E 47.00 feet; thence East 60.00
feet; thence N 63'QQ'OO" E 21.05 feet; to the easterly line of said Lot "H";
thence along said easterly line N 00'03'18" E (N OO"31'16" W per said Record
of Survey No. 5715) 39.05 feet to the TRUE POINT OF BEGINNING.
DLW/se 2 68-01-4 ( W) 385.19
- .- 0 e
* ’AM NORML END OF HEC-1 tAA
.e.
6
Pountney 8 Asscciates 11 -ilay-88
Project: 268-014 oi:~ rn
Pal Arpt Rd Uest O/S Easewnylts
User 1.D. number: 4
rj E 0 A W E A Listin9
1651 349451,0168 b7630O.2260
349287.3340 675857,2390 1806
S 69” 43‘ 15.00’ U 492.2600
> n;r . . 4r A?-* T PAC \ --,n -*A,%
S 2" 10' 29.00' U WD) 2313.0000 * 1807 349145.6237 674967.7944
1100 349160.1220 674586.1230
1001 349024.0000 674450 .OOOO
1002 349017.4057 674575.8273
1003 348965.9395 674708.1724
1004 349014.5987 674807.9386
N 87" 49' 31.22' U 381.9475
s 4s" 00' 00.00' Y 192 .SO56
S 87" 00' 00.00' E 126.0000
S 68" 45' 00.00' E 142,0000
N 64" 00' 00.00' E 111.0000
N 71" 00' 00.00' E . 1~.0000
N 55" 00' 00.00' E 76.0000
N 73" 00' 00.00' E 33.0000
N 90" 00' 00.00' E 1#0.0000
N 63" 00' 00.009 E 50.0000
S 82" 00' 00.00' E 110 * 0000
a
1005 34904a.m 674906.2725
1006 349092.0496 674968.5281
1007 349101.6978 675000.0861
1008 349101.6978 675100.0861
1009 349124.3974 675144.6364
1010 344109.0883 675253.563
1011 349154.7491 675282.0980
1012 349125.0000 675314.0000
1013 349182.2427 675608.4882
1014 349324.6602 675738.5078
1015 349297.4291 675965.9134
1016 349330.4939 676067.6764
1017 349386.3348 676117.2702
1018 349402.4097 676221.4358
N 32" 00' 00.00' E 53. a422
S 47" 00" 00.00' E 43.6205
N 79" 00' 00.00' E 300.0000
N 76" 00' 00.00' E 134.0000
N 70" 00' 00.00' E 1?42.0000
N 72" 00' 00.00' E 1O7.0000
N 63" 00' 00.00' E 223.0000
N 70" 00' 00.00' E 47.0000
N 90" 39' 00.00' E 60,0000
N 63" 00' 00.00' E 21 s 0466
H OH 03' ia.00' E 39.0521
1019 349402.4097 67~281.4358
1101 349411.9647 676300.1885
1651 349451 .OK0 676300.2260
Area = 103415.294 aq.ft Periaeter = 3973.726 ft. - - 2.3741 acres *
.,
1)
\ FLY ulQ LOT *HH ‘I 0
- PAUCELMAP NO. 023
APN 211-040-08
MEA TU BE ACQUIRED
SHOWN fm ?03,415 S.F. = !2,374 ACRG
Crr( OF GARLLj0AO ACQUISITION PLAT aa@auwmmw ASSOCIA~~S
CONSUulMj ENGWEK OPEN SPACE EASEMENT ddSSMURPHY CA” Ro4D. WI7E 200
SAN DIEGO, C4 92323 (61q 576-m
01987POUMNM&~IK Job No. 2358- Date: 5/G& BY: 0. WAHL Sheet I Of I Z -
1
WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO:
CITY CLERK CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CA 92008
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ON1
W
The Grantor hereby further grants to the City of Carlsbad that privilege and right to
extend drainage structures and excavation and embankment sl opes beyond the 1 imi ts of
there herein described right-of-way where required for the construction and
maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other
protection, support and/or drainage facility, provided such substitution is first
approved in writing by said Engineer(s).
The Grantor hereby further grants to Grantee all trees, growths (growing or that may
hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the
construction, reconstruction, improvement or maintenance of said highway,
The Grantor, for himself, his successors and assigns, hereby waives any claim for any and a1 1 damages to Grantor’s remaining property contiguous to the right-of-way hereby
conveyed by reason of the location, construction, landscaping or maintenance of said
highway .
Dated this day of 9 19-0
STATE OF >ss.
county of 1
On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same.
Witness my hbnd and official seal.
Notary Public i’n and for said County and State
This is to certify that the interest in real property conveyed by the foregoing
easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on ’ , and the Grantee consents to
recordation thereof by its duly authorized officer.
Dated BY ALETHA L. RAUTENKRANZ, City Clerk
a .- 0
EXHIBIT "A"
LEGAL DESCRIPTION
Assessors Parcel No. 212-040-38
All that portion of Parcel "D", of Parcel Map No. 2993, filed in the office of
the County Recorder of San Diego County, August 23, 1974, in the City of
Carlsbad, County of San Diego, State of California, being more particularly
described as f ol 1 ows:
BEGINNING at the northeasterly corner of said Parcel "D", thence along the
southeasterly line of said Parcel "D", S 14'10'59" W (S 13'36'43" W per Parcel
Map No. 2993) 13.01 feet; thence leaving said southeasterly line N 78'19'53" W
99.73 feet to the beginning of a tangent curve concave southwesterly and
having a radius of 2,237.00 feet; thence westerly along said curve through a
central angle of 2'40'07'' an arc length of 104.19 feet; thence tangent to said
curve N 81'00'00" W 281.45 feet to the beginning of a tangent curve concave
southeasterly having a radius of 25.00 feet; thence along said curve through a
central angle of 87"19'53" an arc length of 38.11 feet; thence tangent,
S 11"40'07" E 30.56 feet; thence N 78'19'53" W 102.00 feet; thence
N 11'40'07" E 10.00 feet to the beginning of a tangent curve concave
southwesterly having a radius of 25.00 feet; thence northwesterly along said
curve through a central angle of 94"46'51" an arc length of 41.36 feet to a
point of compound curvature with a curve concave southerly and having a radius
of 2,175.00 feet; thence westerly along said 2,175.00 foot curve through a
central angle of 1'06'44" an arc length of 42.22 feet to a point of
intersection with the southwesterly line of said Parcel "D", a radial line to
said point bears N 5'46'32" E; thence along said southwesterly line
N 28'21'23" W (N 28'55'39" W per Parcel Map No. 2993) 59.73 feet to the
northwesterly corner of said Parcel "Dl', said northwesterly corner being a
point on the southerly right-of-way of Road Survey No. 1534, on file in the
office of the County Surveyor of said County, said point being on a
D LW/ 1 cd 268-01-1(~) .300.23 Page 1 of 2
w .. w
,
non-tangent curve concave southerly and having a radius of 1,450.00 feet, a
radial line to said point bears N 5'54'10" E (S 5'54'27" W per Parcel Map
No. 2993); thence easterly along said non-tangent curve and the northerly line
of said Parcel I'D" through a central angle of 5'45'57" an arc length of 145.92
feet; thence tangent to said curve S 78Ol9'53'' E 573.30 feet (S 78'54'09" E
per Parcel Map No. 2993), to the point of BEGINNING.
DLWI 1 cd 268-01-1 ( W) .300.23 Page 2 of 2
;w,~ .- 0 A LWI I 41 icy a m'3vLi.j cr>
Project: 268-014
Pal Arpt Rd West O/S Easeaenylts
c Vier 1.1. number: 4
G E 0 A R E A Listing
1643 349449.4247 676300.2244
1101 349411.9647 676300.1885
1020 345442.3609 676359.8444
1021 349642.8277 676ti82.0784
S 0" 03' 18.00' W 37,4600
N 63" 00' 00.00' E 66.9534
N 69" 00' 00.00' E 559,3884
ti 9" 13' 07.00' W 22.156"1
s 69" 43' 15.00' u 616.5177
S 0" 03' 18.00' U 1.5921
1998 349664.638: uwa.52~1
1651 344451.0168 676300,2266
lh43 349449.4247 676300.2249
Area = 16103.428 sq.fi Periseier = 1304.065 ft,. - - 0.3697 acres
. .. ..
B@@rnWrnrnW AsSOClArtS
CONSULTING ENGINEERS
4455 MURPHY CANYON ROAD, SUITE 200
07987 POUMNEY 8 ASSOC/NES, INC
SAN DIEGO, CA 92723 (619) 576-9200
' Clly UFGAP\LCjBA[3 ACQUlSlTION PLAT
OPEN SPACE EASEMENT
Job No. 268-01-1
Date: 9/3a/& By: B WAHL Sheet 1 Of 1 Sheet:
0 Escrow ,No.
Loan No.
L
I WHEN RECORDED MAIL TO:
-
e
SPACE ABOVE THIS LINE FOR RECORDER'S USE
w W
5 is to certify that the interest in real property conveyed by the foregoing ,
loration grand deed to the City of Carlsbad, a municipal corporation is hereby epted by the City Council of said City of Carlsbad, California pursuant to ilution No. adopted on , and the Grantee ;ents to recordation thereof by its duly authorized officer.
I
?d BY ALETHA L. RAUTENKRANZ, City Clerk
I
a WHEN RECORDED, PLEASE MAIL
THIS INSTRUMENT TO:
CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONL'
w e
The Grantor hereby further grants to the City Of Carlsbad that privilege and right to -' extend drainage structures and excavation and embankment slopes beyond the limits of I there herein described right-of-way where required for the construction and
maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or
drainage structures or portions thereof, when in the written opinion of the City
Engineer of Grantee, the necessity therefore is removed by substituting other
protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s).
The Grantor hereby further grants to Grantee all trees, growths (growing or that may
hereafter grow), and road building materials within said right-of-way, including the
right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the
construction, reconstruction, improvement or maintenance of said highway.
The Grantor, for himself, his successors and assigns, hereby waives any claim for any
and a1 1 damages to Grantor's remaining property cont i guous to the right -of -way hereby
conveyed by reason of the 1 ocat ion, construction, 1 andscapi ng or maintenance of said
highway .
Dated this day of s 19-*
STATE OF )ss .
County of 1
On , 19,, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the persons(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that helshelthey executed the same.
Witness my hand and official seal .
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing
easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee consents to
recordation thereof by its duly authorized officer.
ALETHA L. RAUTENKRANZ, City Clerk Dated BY
.* 0
L
L
EXHIBIT "A"
Assessors Parcel 212-041-03
All that portion of that certain parcel of land designated as "Description
No. 3, 78.04 acres'' as shown and delineated on Record of Survey Map No. 5715,
filed in the office of the County Recorder of the County of San Diego, on
December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda,
according to Map thereof No. 823, filed in the office of the County Recorder
of said San Diego County, November 16, 1896, in the City of Carlsbad, County
of San Diego, State of California, being more particularly described as
foll ows:
Beg.inning at the most southwesterly corner of said Description No. 3, said
point being on a 1,500.00 foot radius curve concave southerly, said point
being on the centerline of the 100 foot wide right-of-way, known as Palomar
Airport Road, according to Road Survey No. 1534, on file in the office of the
County Surveyor of said County, a radial line to said point bears
N 7"20'37" E; thence easterly along said curve, and along said centerline,
thrlough a central angle of 4'19'30, an arc length of 113.23 feet to the end of
said curve, said point being shown on said Road Survey No. 1534, as Engineer's
Station 78+25.34 EC; thence continuing along said centerline S 78'19'53" E
(S 78'20'53" E per Road Survey No. 1534) 382.97 feet, to the most
southeasterly corner of land described in deed to the Epoh Investment Club,
recorded November 15, 1961, as file No. 197951, O.R.; thence leaving said
centerline, along the easterly line of said deed, N 3'33'23" E (N 2"36' E per
recorded deed) 50.50 feet to the TRUE POINT OF BEGINNING, said point being on
the northerly right-of-way of said Road Survey No. 1534; thence along said
northerly right-of-way line N 78'19'53" W (N 78'20'53" W per Road Survey No.
1539), 286.97 feet to the beginning of a tangent curve concave northeasterly,
and having a radius of 25.00 feet, said point being the most southeasterly
corner of the right-of-way known as College Boulevard, granted to the City of
Carlsbad in deed recorded July 3, 1985, as F/P 85-239994, O.R.; thence along
said curve through a central angle of 90'00'00" an arc length of 39.27 feet;
thence tangent to said curve, N 11'40'07" E (N 11'39'04" E per said
DLWIskg 268-01-1 ( W) ,229.48 Page I of 2
m. w
> *
right-of-way deed), 10.17 feet; thence leaving said right-of-way S 78'19'20'' E
10.00 feet to the beginning of a non-tangent curve concave northeasterly and
having a radius of 25.00 feet, a radial line to said point bears N 78'19'53"
W; thence southeasterly along said curve through a central angle of 92'40'07"
an arc length of 40.43 feet; thence tangent to said curve
S 81"OO'OO" E, 120.54 feet to the beginning of a tangent curve concave
southwesterly, having a radius of 40.00 feet; thence southeasterly along said
curve through a central angle of 31'47'18", an arc length of 22.19 feet to a
point of reverse curvature with a curve concave northeasterly and having a
radius of 40.00 feet; thence southeasterly along said reversing curve through
a central angle of 31'47'18", an arc length of 22.19 feet; thence tangent to
said curve S 81'00'00" E, 100.00 feet to the beginning of a tangent curve
concave southerly and having a radius of 2,363.00 feet; thence easterly along
said 'curve through a central angle of 0'16'28" an arc length 11.31 feet to the
intersection with the easterly line of said deed to the Epoh Investment Club;
thence along said easterly line S 3"33'23" W, (S 2'36' W per said deed), 11.05
feet to the TRUE POINT OF BEGINNING.
DLW/skg 268-01-1 ( W) .229.48 Page 2 of 2
1
L-
AREA ro BE ACQUIRED 5uow -TTiTvi Y7r0.zzW = 0.08
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5~1'00 '00 "E LOO.00'
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w. 19745l 0.
H+8*14q'G 59.57' (N&?&'€Z WV -1
APN 212 -O4l-O3
ACQUISITION PLAT w CI I Dh- " D'I CONSULTING ENGINEERS 6455 MURPHY CANYON ROAD, SUITE 200
SAN DIEGO, CA 92123 (619) 576-9200
...__-
WHE:N RECORDED, PLEASE MAIL THIS INSTRUMENT TO:
CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008
- NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONL'
w 0
The Grantee shall have the right to fence all Or any portion of said easement J herein conveyed within which there is installed Or constructed an unenclosed flood
drainage channel . The Grantee, it 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
flood drainage channel 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 contractor 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 successors and assigns, of the rights and privileges herein granted.
Executed this day of 9 19-a
STATE OF )ss.
County of 1
On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the persons(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing
easement to the City of Carlsbad, a municipal corporation is hereby accepted by
the City Council of said City of Carlsbad, California pursuant to Resolution
No. adopted on , and the Grantee consents to
recordation thereof by its duly authorized officer.
ALETHA L. RAUTENKRANZ, City Clerk Dated BY
0 0
EXHIBIT "A"
LEGAL DESCRIPTION
Assessors Parcel No. 212-041-03
All that portion of Lot "G" of the Rancho Agua Hedionda according to map
thereof No. 823 filed in the office of the County Recorder of San Diego County
November 16, 1896, in the City of Carlsbad, County of San Diego, State of
California, being more particularly described as follows:
Beginning at a point on the northerly right-of-way of Road Survey No. 1534 on
file in the office of the County Surveyor of said County, know as Palomar
Airport Road, at Engineers Station 78t25.34 E.C.; thence along said northerly
right-of-way S 78'19'53" E (N 78'20'53" W per said R.S. 1534) 90.31 feet to
the TRUE POINT OF BEGINNING; thence leaving said northerly right-of-way,
N 9°OO'OO'' E 34.75 feet; thence S 81°00'00" E 20.00 feet, thence S 9°OO'OO" W
35.66 feet to said northerly right-of-way; thence along said northerly
right-of-way, N 78'19'53" W 20.02 feet to the TRUE POINT OF BEGINNING.
DLW,/se 268-01-1 (W )350.2
POR %-f 5 F<kD AGUA r1~DJCND.A Ir' ;
MAP hi0 82.3
APN 212-WI-03
5 SI'Q3' E
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tJ7m4'93W 20.a'
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AREA TO 6E ACQUIRED
SHOWN m
703.-* = 0.a u.
EXHl6Jr '6'
UTI/ OF CpRL5-D
ASSOCI*~LJ ACQUISITION PLAT Bem&rwms'1v
-OEM WAIN EA5EMENT COMulTlNG ENuN€€Rs
USSMURPHY~ mu), sum200 wDIKjo,cA92123 (slqaaozoo
QIPB7POUMNEY&Asoau€sK Dit.: 9/f0//7 BY:o WAHL $bot I 01 ' Wtoeta
Job no. m-01-1
0 Escrow No.
LoNan No.
WHEN RECOROED MAIL TO: CITY OF CARLSBAD 1200 Elm Street Garlsbad, CA. 92008
-
0
SPACE ABOVE THIS LINE FOR RECOROER'S USE
w W
s is to certify that the interest in real property conveyed by the foregoing ' poration grand deed to the City of Carlsbad, a municipal corporation is hereby epted by the City Council of said City of Carlsbad, California pursuant to olution No. adopted on 9 and the Grantee sents to recorm thereof by its duly authorized officer.
ed BY ALETHA L. RAUTENKRANZ, City Clerk
' WkN RECORDED, PLEASE MAIL THIS INSTRUMENT TO:
CITY CLERK
CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CA 92008
- NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONL'r
e 0
The Grantor hereby further grants to the City of Carlsbad that privilege and right to f
extend drainage structures and excavation and embankment slopes beyond the 1 imits of
there herein described right-of-way where required for the construction and
maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City
Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s).
The Grantor hereby further grants to Grantee all trees, growths (growing or that may
hereafter grow), and road building materials within said right-of-way, including the
right to take water, together with the right to use the same in such manner and at
such locations as said Grantee may deem proper, needful or necessary, in the
construction, reconstruction, improvement or maintenance of said highway.
The Grantor, for himself, his successors and assigns, hereby waives any claim for any
and all damages to Grantor's remaining property contiguous to the right-of-way hereby
conveyed by reason of the location, construction, landscaping or maintenance of said highway.
Dated this day of Y 19-0
STATE OF )ss.
County of 1
On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same.
Witness my hand and official seal.
'Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing
easement to the City of Carlsbad, a municipal corporation is hereby accepted by the
City Council of said City of Carlsbad, California pursuant to Resolution
No. adopted on , and the Grantee consents to
recordation thereof by its duly authorized officer.
Oat ed BY ALETHA L. RAUTENKRANZ, City Clerk
4 0 e
EXHIBIT "A"
LEGAL DESCRIPTION
Assessors Parcel 212-041-08
All that portion of Parcel 3, of Parcel Map No. 6331, filed in the office of
the County Recorder of San Diego County, September 8, 1977, in the City of
Carlsbad, County of San Diego, State of California, being more particularly
described as follows:
Beginning at the most southwesterly corner of said Parcel 3, said point being
on the centerline of Palmar Airport Road according to Road Survey No. 1534,
on file in the office of the County Surveyor of said County; thence leaving
said centerline along the westerly line of said Parcel 3 N 18"41'02" W
(N 18"42'20" W per Parcel Map No. 6331) 50.00 feet to the TRUE POINT OF
BEGINNING, said point being on the northerly right-of-way of said Road Survey
No. 1534; thence continuing along said westerly line, N 18"41'02" W
(N 18'42'20'' W per Parcel Map No. 6331) 24.99 feet to a point of intersection
with a non-tangent curve concave southerly and having a radius of 2,313.00
feet, a radial line to said point bears N 11'33'35" W; thence easterly along
said curve through a central angle of 6O16'04" an arc length of 253.03 feet to
a point of cusp with a curve concave southerly and having a radius of 1,550.00
feet, a radial line to said point on said 2,313.00 foot curve bears
N 5'17'31" W, and a radial line to said point on said 1,550.00 foot radius
curve bears N 9O27'30" W; thence westerly along said 1,550.00 foot radius
curve through a central angle of 9O14'20" an arc length of 249.94 feet to the
TRUE POINT OF BEGINNING.
DLlrl/l cd 268-01-1(~).300.26
\\ s 4.” w
ASSOCIA~~S IPemrnwmmw
CoMUlTlNc €NUNEB d155hwMcA” Ro4D,summo UNMKiCXCAwm @Kj57&rn
9w #xIMN€r& AsfooAm INC
CITY OF CARLSBAV ACQUISITION PLAT 1 @q WWm
Job No.
Date: q/@/&l By: p.wbl.4~ 8M.t 1 01 1 Sheet
WHEN RECORDED, PLEASE MAIL
THIS INSTRUMENT TO:
CITY CLERK
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CA 92008
- NO TRANSFER TAX DUE 1 SPACE ABOVE FOR RECORDER'S USE ON1
w 0
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 flood
drainage channel The Grantee, it 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
flood drainage channel provided such enclosure is constructed or installed by a
1 i censed contractor in accordance with pl ans and speci f i cati ons 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 contractor 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 successors and assigns, of the rights and privileges herein granted.
a-
Executed this day of I 19-s
STATE OF )ss 0
County of 1
On 9 19-9 before me, the undersigned, a Notary Public in
and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the persons(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same.
Witness my hand and official seal,
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by
the City Council of said City of Carlsbad, California pursuant to Resolution No adopted on , and the Grantee consents to
recordation thereof by its duly authorized officer.
ALETHA L. RAUTENKRANZ, City Clerk Dated BY
0 0 *
EXHIBIT "AI'
LEGAL DESCR I PTION
Assessors Parcel 2 12-04 1-08
All that portion of Parcel 3, of Parcel Map No. 6331, filed in the office of
thle County Recorder of San Diego County, September 8, 1977, in the City of
Carlsbad, County of San Diego, State of California, being more particularly
described as fol 1 ows :
Befginning at a point on the easterly line of said Parcel 3, said point being
on the northerly right-of-way of Palomar Airport Road according to Road Survey
No. 1534, filed in the office of the County Surveyor of said County, said
point also being on a curve concave southerly and having a radius of 1,550.00
felet a radial line to said point bears N 06'01'39" E; thence westerly along
said curve through a central angle of 4'55'54" an arc length of 133.42 feet to
thle TRUE POINT OF BEGINNING "A"; thence leaving said northerly right-of-way
and said curve, N 1'30'15'' E 20.01 feet; thence N 88'29'45" W 20.00 feet;
thence S 1'30'15'' W 20.28 feet to said northerly right-of-way and said curve, a
radial line to said point bears N 0'21'23" E; thence easterly along said
right-of-way and said curve through a central angle of 0'44'22" an arc length
of 20.00 feet to the TRUE POINT OF BEGINNING "A".
Together with the following described portion of said Parcel 3;
Beginning at a point on the northerly right-of-way of Palomar Airport Road
according to Road Survey No. 1534, filed in the office of the County Surveyor
of said County, said point being at the beginning of a curve concave southerly
and having a radius of 1,550.00 feet, said point being at Engineer's Station
70+16.71 B.C. per said Road Survey 1534; thence along said curve, through a
central angle of 0'44'32" an arc length of 20.08 to the TRUE POINT OF
BEIGINNING "B"; thence leaving said curve N 11'05'00" W 48.07 feet; thence
N 78'55'00" E 20.00 feet; thence S 11'05'00" E 45.61 feet to said northerly
right-of-way; thence along said right-of-way and said curve, through a central
anlgle of O"44'42" an arc length of 20.15 feet to the TRUE POINT OF
BEIGINNING I'B".
DLW/se 268-01-1lW)347.70
_I
w 3 w PAR LE I, WRCEl. hIl/\F N 9, P 9J -1 dl -1
rn 212-04\-00 \ L mRY LNE
rnL MhP4e3I e
R= ~,500.00~
=m-m5mw Cophlw VWEL No. 3- F?W% WP 6331 --- -_
wmm eE '/ pCMIpwwhJ 4 he.cm=s 0 m Ac.
EXHIBIT ''6"
! ciN OF CpdtsESO CI@cIrnWrnHW ASSOCIATES ACQUISITION PLAT
CONSULTING ENGINEERS 5rOfWl DRAlhJ EASEMEW
SAN DIEGO, CA 92123 (6?9] 576-9200 Job No.
(31987 POUNMEY d ASSOUATEZ INC. Date: 4/so/e7 By: QUL Shoot 1 Of 2 Sheets
4AS5 MURPHY CANYON RQ4Q SUITE 200
bCIC/&IW&rUW ASSOCIAT~S
CONSULTING ENGINEERS
4455 MURPHY CANYON W, SUITE 200 SAN DEGO, CA 92123 (619j 576-9200
01987 POUNMEY & ASSoCfATES, INC
CITY Of cARZL.P ACQUISITION PLAT
5TGl%4 04Alfri EASEMEUT
Job NO.=-(
Date: q/g/m BY: I;Z WL Sheet 20tZ s
W Escrow No.
Loan No.
WEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA. 92008
w
I
SPACE ABOVE THIS LINE con nEcoaoEws USE
4 0 0
This is to certify that the interest in real property conveyed by the foregoing
corporation grand deed to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resol uti on No. adopted on , and the Grantee consents to recorm thereof by its duly authorized officer.
Dated - BY ALETHA L. RAUTENKRANZ, City Clerk
' WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO:
CITY CLERK
CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CA 92008
- NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONL\
W w
The Grantor hereby further grants to the City of Carlsbad that privilege and right to," extend drainage structures and excavation and embankment slopes beyond the 1 imits of
there herein described right-of-way where required for the construction and maintenance of said City Highway. RESERVING unto grantor of the above described
parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City
Engineer of Grantee, the necessity therefore is removed by substituting other
protection,' support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s).
The Grantor hereby further grants to Grantee all trees, growths (growing or that may
hereafter grow), and road building materials within said right-of-way, including the
right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the
construction, reconstruct i on , improvement or mai ntenance of said hi ghway .
The Grantor, for himself, his successors and assigns, hereby waives any claim for any
and all damages to Grantor's remaining property contiguous to the right-of-way hereby
conveyed by reason of the location, construction, landscaping or maintenance of said
hi ghway .
Dated this day of ¶ 19-•
STATE OF )ss.
County of 1
On ¶ 19,, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing
easement to the City of Carlsbad, a municipal corporation is hereby accepted by the
City Council of said City of Carlsbad, California pursuant to Resolution
No . adopted on , and the Grantee consents to
recordation thereof by its duly authorized officer.
ALETHA L. RAUTENKRANZ, City Clerk Dated BY
4 0 0
EXHIBIT "A"
LEGAL DESCRIPTION
Assessors Parcel 212-041-06
All that portion of Parcel 1, of Parcel Map No. 6331, filed in the office of
the County Recorder of San Diego County, September 8, 1977, in the City of
Carlsbad, County of San Diego, State of California, being more particularly
described as foll ows :
Beginning at the most southwesterly corner of said Parcel 1; thence along the
westerly line of said Parcel 1 N 3'17'16" W (N 3'18'34" W per Parcel Map No.
6331) 52.00 feet to a point on the northerly right-of-way of Palomar Airport
Road, according to Road Survey No. 1534, on file in the office of the County
Surveyor of said County, said point being the TRUE POINT OF BEGINNING; thence
continuing along the westerly line of said Parcel 1 N 3'17'16'' W
(N 3'18'34" W per Parcel Map No. 6331) 41.61 feet; thence leaving said
westerly line N 69'43'15'' E 278.25 feet to the beginning of a tangent curve
concave southeasterly and having a radius of 2,313.00 feet; thence easterly
along said curve through a central angle 8'43'10" an arc length of 352.00 feet
to 43 point of intersection with the easterly line of said Parcel 1, a radial
linii to said point bears N 11'33'35" W; thence leaving said curve along the
easterly line of said Parcel 1 S 18'41'02" E (S 18'42'20" E per Parcel Map No.
6331) 24.99 feet to a point of intersection with the northerly right-of-way
said Road Survey No. 1534, said point being on a curve concave southeasterly
and having a radius of 1,550.00 feet, a radial line to said point bears
N 113"41'50" W; thence westerly along said curve through a central angle of
0'32'17'' an arc length of 14.10 feet; thence tangent to said curve, along the
northerly right-of-way of said Road Survey No. 1534, S 70'46'53" W
(S 70'45'53" W per Parcel Map No. 6331) 626.36 feet to the TRUE POINT OF
BEGINNING.
Excepting therefrom that portion of the above described portion of Parcel 1
described in irrevocable offer to dedicate real property to the County of San
Di ego for roadway purposes described in document recorded September 7, 1977,
as File/Page No. 77-367341, O.R.
DLW/'l cd 268-01- 1 (W ) -300 25
mem~~mmmr ASSoCIAlfS
COMUUlNG ENGINEERS du5 MURPHY CANW RO4D, SUm 100 sANDIL%o,cACAl23 pq5769300
01967 POUNMEY s ASXMUES HJC
ACQUISITION PLAT
EXUIMT ' b'
Job NO. 2G8- OLI
Dit.: 9/-/67 By: 0. wAClL 8-t 1 Of I Shaat, - ~ ~..
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WHEN RECORDED MAIL TO:
0
SPACE ABOVE THIS LINE FOR RECORDER'S USE
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is is to certify that the interest in real property conveyed by the foregoing I rporation grand deed to the City of Carlsbad, a municipal corporation is hereby cepted by the City Council of said City of Carlsbad, California pursuant to solution No. adopted on , and the Grantee nsents to recorm thereof by its duly authorized officer.
t ed BY ALETHA L. RAUTENKRANZ, City Clerk
i
'* W~EN RECORDED, PLEASE MAIL
THIS INSTRUMENT TO:
CITY CLERK
CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008
- NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY
W m
The Grantor hereby further grants to the City of Carlsbad that privilege and rignt to,”
extend drainage structures and excavation and embankment slopes beyond the 7 imits of
there herein described right-of-way where required for the construction and
maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City
Engineer of Grantee, the necessity therefore is removed by substituting other
protection, support and/or drainage facility, provided such substitution is first
approved in writing by said Engineer(s).
The Grantor hereby further grants to Grantee all trees, growths (growing or that may
hereafter grow), and road building materials within said right-of-way, including the
right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the
construction, reconstruction, improvement or maintenance of said highway.
The Grantor, for himself, his successors and assigns, hereby waives any claim for any
and a1 1 damages to Grantor’s remai ni ng property cont i guous to the ri ght -of -way hereby
conveyed by reason of the 1 ocati on, construction, 1 andscapi ng or mai ntenance of said
highway.
Dated this day of , 19-.
STATE OF )ss.
County of 1
On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the persons(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing
easement to the City of Carlsbad, a municipal corporation is hereby accepted by the
City Council of said City of Carlsbad, California pursuant to Resolution
No. adopted on , and the Grantee consents to
recordation thereof by its duly authorized officer.
ALETHA L. RAUTENKRANZ, City Clerk Dated BY
0 e
.I
EXHIBIT "A"
LEGAL DESCRIPTION
Assessors Parcel 212-041-04
All that portion of that certain parcel of land designated as "Description No.
3, 78.04 acres" as shown and delineated on Record of Survey Map No. 5715,
filed in the office of the County Recorder of the County of San Diego, on
December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda,
according to Map thereof No. 823, filed in the office of the County Recorder
of said San Diego County, November 16, 1986, in the City of Carlsbad, County
of San Diego, State of California, being more particularly described as
f 0'1 1 ows :
Beginning at the most southwesterly corner of said Description No. 3, said
point being on a 1,500.00 foot radius curve concave southerly, said point
be'ing on the centerline of the 100 foot wide right-of-way, known as Palomar
Airport Road, according to Road Survey No. 1534 on file in the office of the
County Surveyor of said County, a radial line to said point bears N 7'20'37"
W; thence easterly along said curve, and along said centerline, through a
central angle of 4"19'30", an arc length of 113.23 feet to the end of said
curve, said point being shown on said Road Survey No. 1534, as Engineer's
Station 78+25.34 EC; thence continuing along said centerline S 78'19'53" E
(S 78'20'53" E per Road Survey No. 1534) 382.97 feet, to the most
southeasterly corner of land described in deed to the Epoh Investment Club,
recorded November 15, 1961, as File No. 197951, O.R.; thence leaving said
centerline, along the easterly line of said deed, N 3'33'23'' E (N 2'36' E per
recorded Deed) 50.50 feet to the TRUE POINT OF BEGINNING, said point being on
thle northerly right-of-way of said Road Survey No. 1534; thence along said
northeasterly right-of-way of Road Survey No. 1534 S 78O19'53" E
DL'dI s k g
268-01-1(~) .229.50 Page 1 of 2
w W
(S 78'20'53'' E per Road Survey No. 1534) 1,654.17 feet to the intersection of
a non-tangent curve concave southwesterly and having a radius of 2063.00 feet,
a radial line to said point bears N 18'06'15" E; thence westerly along said
curve through a central angle of 6O26'08" an arc length of 231.72 feet; thence
tangent to said curve N 78'19'53" W, 1,325.70 feet to the beginning of a
tangent curve concave southerly and having a radius of 2,363.00 feet; thence
westerly along said curve through a central angle of 2'23'39" an arc length of
98.74 feet to the intersection with the easterly line of property described in
said Epoh Deed; thence leaving said curve along said easterly line,
S 3'33'23" W (S 2'36' W per said Deed) 11.05 feet to the TRUE POINT OF
BEGINNING.
DLW/s k g 268-01-1(~).229.50 Page 2 of 2
-
I Cny~ccICz~ memrwmmv ASSOCIATES ACQUISITION PLAT
-DING €WN€ERs EWW B 0" 4455MuRPHYm mQSum200 sANMKio,cAcA42123 ms6-m Job No. (1Y6~r
(DIQLI7#XINM€Y&AssooAmK Dit.: q@\m BY: 0. WL $hoot 1 Of 1 $1
J
.> UhEN RECORDED, PLEASE MAIL
THIS INSTRUMENT TO:
CITY CLERK
CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008
- NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONL'
w e
I
I
EXHIBIT "A"
LEGAL DESCRIPTION
Assessors Parcel No. 212-041-04
All that portion of Lot "G" of the Rancho Agua Iiedionda according to map
thereof No. 823 filed in the office of the County Recorder of San Diego County
November 16, 1896, in the City of Carlsbad, County of San Diego, State of
California, being more particularly described as follows:
Beginning at a point on the northerly right-of-way of Road Survey No. 1534 on
file in the office of the County Surveyor of said County, known as Palomar
Airport Road, at Engineer's Station 78+25.34 E.C.; thence along said northerly
right-of-way S 78'19'53" E (N 78'20'53" W per said R.S. 1534) 1,255.77 feet to
the TRUE POINT OF BEGINNING "A"; thence leaving said northerly right-of-way,
N 11'40'07" E 47.00 feet; thence S 78'19'53" E 20.00 feet; thence
S 11'40'07" W 47.00 feet to said northerly right.-of-way; thence along said
northerly right-of-way, N 78'19'53" W 20.00 feet to the TRUE POINT OF
BEGINNING "A".
Together with the following described portion of said Lot "G" described as
f 01 1 ows:
Beginning at a point on the northerly right-of-way of Road Survey No. 1534 on
file in the office of the County Surveyer of said County, known as Palomar
Airport Road, at Engineer's Station 99t10.74 B.C.; thence along said northerly
right-of-way N 78'19'53" W (N 78'20'53" W per said R.S. 1534) 45.63 feet to
the TRUE POINT OF BEGINNING "8"; thence leaving said northerly right-of-way,
N 36'58'36" E 7.23 feet; thence N 53'01'24" W 28.00 feet, thence S 36'58'36" W
16.69 feet to said northerly right-of-way; thence along said northerly
right-of-way, S 78"19'53" E 22.12 feet to the TRUE POINT OF BEGINNING IIB".
DLWIse 268-01-1 (W)347.72
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', 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 flood
drainage channel. The Grantee, it 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
flood drainage channel provided such enclosure is constructed or installed by a
1 iclensed contractor i n accordance with pl anS and speci f i cat i ons 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 contractor 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 successors and assigns, of the rights and privileges herein granted.
'
Executed t h i s day of 9 19-e
-
-
STATE OF )ss.
Cour1ty of 1
On 9 19-9 before me, the undersigned, a Notary Public in and- for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the persons(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same.
Witness my hand and official seal.
-
- Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing
easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No . adopted on , and the Grantee consents to
recordation thereof by its duly authorized officer.
ALETHA L. RAUTENKRANZ, City Clerk Dated BY
J UJl LUJ ' X-D AGUA%l ONLL~ , J\/JA"F 1\10 023
APN 212-641-04
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CITY Of URIC\BAD ACQUISITION PLAT -VmWmmW *sSOClAl€S
C0”G FNUNFFRS S7DRW mAlN €AS€MENT
=MURPHY CA” m, sum 200 ~DIKjo,cA92123 (619)576-4200 Job Mo. ,?Cg +f
015187 POUNRJEY a ASSOOATES, IK Dato: 4/3&7 By: D. W~CH, Sh..tZOf 2 Shc
LVJd LrnJ reLMn3 UHlVE
CARLSBAD, CALIFORNIA 92009-4
, (619) 438-1161
m
PLANNING DEPARTMENT
<
Citp of CarIa'bab
NEGATIVE DECLARATION
I?ROJECT ADDRESS/LOCATION: Palomar Airport Road between Paseo Del Norte and 7,900 feet f. thereof.
PROJECT DESCRIPTION: Street widening improvements of existing road to prime arterial standards.
The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project.
Jrustification for this action is on file in the Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive,
Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning
Department within ten (10) days of date of issuance.
DATED: December 30, 1987 MICHAEL 'ltkcfv&&! J. HOL~MILLEJ~ L .t - LL Q QQ7
CASE NO: PCD/GPC 87-3 Planning Director
APPLICANT: CITY OF CARLSBAD
PUBLISH DATE: December 30, 1987
EXHIBIT "ND"
"/dVQ ClU
I
I
CORNELL ASSOCIATES, LTD.
Investment Real Estate
12625 High Bluff Dr., Suite 201/San Diego, CA 92130/(619) 792-6677
May 24, 1988
City Council
City of Carlsbad
1220 Elm Avenue
Carlsbad, CA 92008
Re: West Palomar Airport Rd. Improvement Project, Condemnation hearing
Gentlemen:
As the managing partner for the Limited Partnership which owns
the 13.89 acre parcel known as Assessor's parcel number
212-040-25, the following documents received for our execution
relating to the West Palomar Airport Road Improvement Project are
incorrect:
1. Legal Description
2. Easements
3. Plat
4. Offer to Purchase
5. Escrow Instructions
Staff has been notified of the errors and has been working on the
problems. We were informed that the issues were being handled as soon
as possible, but as of this date we are unable to comply with the requests
of the City or the escrow company.
Sincerely,
CORNELL ASSOCIATES, LTD. -OF- / Howard C. Cornel1
Pres iden t
cc. Lloyd Hubbs, City of Carlsbad
Morgan/Palomar Industrial I limited partnership
0
RANDALL B. IIAMUD
401 West (A) Street Suite I300 San Diego, California 92101
"0
ATTORNEY AT LAW
3 %< ' GCG 9 d
(6 19) 696-08 15
May 12, 1988 Certified i"ai1 dlieturn iieceipt 2equested
Office of City Attorney
City of Carlsbad
City Hall
1220 Elm Avenue
Carlsbad, California 92003-1989
2%: ;$est Palonar Air?ort doad Ix-rovezent Project
NOTICE OF PUEjLIC HEAXING to Condemn Pro2erty for the Nest i?alomar Airgort Zoad Improvement Project in the
City of Carlsbad, California.
REQUEST TO APPEAR AND TO BE HEkiiD dY
NAZ3AI.i ANilj JGSCPHIMB ALADdAY
To whom it may concern:
Pursuant to the hay 4, 1988, notice from the law firm of Asaro &
Keagy, please be informed that Nazeah and Josephine, either
tliemselves or through their attorney, the undersigned, desire to
appear and to be heard at the forthcoming pblic hearing to be held on the above referenced matter on Siay 24, 1988, at 6:OO 2.a.
in the City Council Chambers.
Thank you for your cooperation in this matter.
Very truly yours,
")ZLLU - &-d7=v/
Randall B. Hamud
cc: air. & Us. Aladray
313I-I/ PC
":U- (W e *
~~~a-~~~*- 1 -5 fke\>I:.J 9 ks
CORNELL ASSOCIATES, LTD.
Investment Real Estate
12625 High Bluff Dr., Suite 2OI/San Diego, CA 92130/(619) 792-6677
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