HomeMy WebLinkAbout1988-07-05; City Council; 9510; Acceptance of Grant Deeds for Street Purposes0
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CI'Y)OF CARLSBAD - AGENwI3lLL ' 73 w
AB#* TITLE: DEPT. HU
MTG. 7-5-88 ACCEPTANCE OF GRANT DEEDS CITY ATp
CITY MGI DEPT. ENC. SAN DIEGO PRIVATE DEVELOPMENT 293)
RECOMMENDED ACTION:
FOR STREET PURPOSES (STANDARD PACIFIC OF
Adopt Resol uti on No. ff-2 /4 accepting Grant Deeds for street purpose
ITEM EXPLANATION:
The City Council per Resolution No. 8760 approved the closure of Olympi at its intersection with Elm Avenue. The right-of-way being dedic necessary in order to construct the cul-de-sac improvements that will cl street.
FISCAL IMPACT:
Requiring dedications as a condition of development will save the City t in the future right-of-way acquisitions.
EXHIBITS :
1. Location Map.
2. Grant Deed from A. and L. Ledesma dated January 14, 1988.
3. Grant Deed from W. and G. Blough dated January 15, 1988.
3. Resolution No. Sf-d /5- accepting a Grant Deed for street purpo
4. Subordination agreements relating to the Easements from Ledesma a
Blough.
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RESOLUTION NO. 88-215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING GRANT DEEDS.
WHEREAS, A. and L. Ledesma/W. and G. Blough have submittr
Deeds conveying easements to the City of Carlsbad for street purpose!
portion of Olympia Drive; and
WHEREAS, the City Council of the City of Carlsbad has deter
to be in the public interest to accept said Deeds;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Grant Deeds from A. and L. Ledesma/W. and G.
dated January 14, and January 15, 1988, conveying easements for street
over a portion of Olympia Drive to the
the City Clerk and are incorporated herein by reference, are accepted.
City of Carlsbad which are on f
3. That the City Clerk is authorized to cause the origin
to be recorded in the Office of the County Recorder of San Diego Count
of California, with the appropriate Certificate of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carls
day of July , 198 Council held on the 5th
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and
NOES:
ABSENT: None
None
ATTEST:
ALETHA L. RAU
~ Escrow No.
Loan No.
- ._.. WHEN RECORDED MAIL TO:
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
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-- FRU 468 0"WCO PRESS
ENGINEERING COMPANY I p~'&Y%%2'2
3088 PI0 PIC0 DR. SUITE 202 0 CARLSBAD, CA 92008
TELEPHONE 0 AREA CODE 619 729-4987
BY DATE JOB NO. LEGAL DESCRIPTION FOR. - _. JC
PG 10-23-87 Road Easement Lot 165 CHK'D. 6069-L -
An easement being a portion of Lot 165, of Map No. 10128, in thc City of Carlsbad, County of San Diego, State of California, saic
map on file in the Office of the County Recorder, of San Diegc County, described as follows:
COMMENCING at the intersection of Elm Avenue with Olympia Drivc
as shown on said Map No. 10128; thence South 5'02'30" East alonc the centerline of said Olympia Drive 102.85 feet: thence leavin! said centerline South 84O57'30" West 28.00 feet to the TRUE POIN!
OF BEGINNING, said point being on the Easterly sideline of saic Lot 165: thence along said sideline North 5O02'30" West 33.8' feet to the beginning of a tangent 25.00 foot radius curvc concave Westerly: thence Northerly along the arc of said curvf through a central angle of 23°12'07", a distance of 10.12 feet tc
a point of the arc of a non-tangent 36.00 foot radius curvc concave Easterly, a radial line to said 36.00 foot radius curvt bears North 61'32'51" West; thence Southerly along the arc 0'
said curve through a central angle of 33O29'39", a distance o 21.04 feet; thence North 84'57'30" East 2.00 feet to a point o the arc of a non-tangent 34.00 foot radius curve concav Easterly, a radial line to said point bears South 84O57'30" West thence Southerly along the arc of said curve through a centra angle of 18°00'10", a distance of 10.68 feet: thence Sout 23°02'40't East 14.03 feet to the TRUE POINT OF BEGINNING.
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DESCRIPTION REVISIONS COMPANY
BY DATE TITLE CO.
RLCLRCNCE ORDERNO. DATE
/- R%f!TUFOM/KEHMT
‘L E ELM AVENUE
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olvlL---* USIRATE LEGAL b OF ROADEASEMENT
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated January 14, 1988
from Alfonso Ledesma and Linda Ledesma ............................
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of CarlsbE
California pursuant to resolution No. 88-215 r adopted
on July 5, 1988 r and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: July 6, 1988
By : 1- ALETHA L. RAUTENKRANZ, CitylCle
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1 1
CITY OF CARLSBAD 1
1200 Elm Avenue 1
Carlsbad, CA 92008 1 1
Space above this line For
Recorder's use.
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN
YOUR SECURITY INTEREST IN THE PROPERTY
BECOMING SUBJECT TO AN ESTATE IN THE REAL
PROPERTY TO WHICH YOUR SECURITY
INSTRUMENT ATTACHES AND HAS THE POTENTIAL
EFFECT OF REDUCING THE VALUE OF YOUR
SECURITY INTEREST,
THIS AGREEMENT, made this 2/S7 day of in/Fpy
1988 by Alfonso Ledesma and Linda L. Ledesma, Husband and Wife
owner of the land hereinafter described and hereinafter referr
to as "Owner," and Home Federal Savings E Loan Assoc., a Corporatior
present owner and holder of the deed of trust and note here1
after described and hereinafter referred to as "Eeneficiary";
WITNESSETH
Alfonso Ledesma and Linda L. Ledesma THAT WHEREAS,
did execute a deed of trust, dated June 20 9 19 84 9
Home Federal Savinqs E Loan Association as trustee, coveri
the real property described on Exhibit "A" attached hereto
to secure a note in the sum of One Hundred Eiqhteen Thousand and
Two Hundred and 00/100 dollars.
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, in favor of
recordec
(3 118,200.00 1, dated June 20, 1984
Home Federal Savings and Loan Association
June 28, 1984 , as file No. 84-242868 01
Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, ah
grantor, a grant of EASEMENT/EASEMENTS dated January 14, 1988 ,
in Favor of the City of Carlsbad as grantee herein referred to aE
"Easement Grantee," creating AN/THE EASEMENT/EASEMENTS more
particularly described in EXH 161 T/EXHIBI TS - "B" attached hereto;
and
WHEREAS, it is a condition precedent to obtaining saic
EASEMENT/EASEMENTS that said grant of EASEMENT/EASEMENTS abovc
mentioned shall unconditionally be and remain at all times i
charge upon the land hereinbefore described, prior and superior
to the lien of charge of the deed of trust above mentioned; and
WHEREAS, Easement Grantee is willing to accept saic
EASEMENT/EASEMENTS provided the grant of EASEMENT/EASEMENTS is z
charge upon the above described property prior and superior tc
the lien or charge of the deed of trust above mentioned anc
provided that Beneficiary will specifically and unconditionall)
subordinate the lien or charge of the deed of trust above
mentioned to the lien or charge of the EASEMENT/EASEMENTS created
in Favor of Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereta
that Easement Grantee accept said EASEMENT/EASEMENTS anc
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Beneficiary is willing that the grant of EASEMEW EASEMENTS
shall, when recorded, constitute a charge upon said land which is
unconditionally prior and superior to the lien or charge of the
deed of trust above mentioned.
NOW, THEREFORE, in consideration of the mutual benefits
accruing to the parties hereto and other valuable consideration,
the receipt and sufficiency of which consideration is hereby
acknowledged, and in order to induce Easement Grantee to accept
said EASEMENT/EASEMENTS above referred to, it is hereby declared,
understood and agreed as follows:
1. That said EASEMENT/EASEMENTS in Favor of Easement
Grantee shall unconditionally be and remain at all times a charge
on the property therein described, prior and superior to the lien
or charge of the deed of trust above mentioned.
2. That Easement Grantee would not accept said
EASEMENT/EASEMENTS above described without this subordination
agreement.
3. That this agreement shall be the whole and only
agreement with regard to the subordination of the lien or charge
of the deed of trust above mentioned to the EASEMENT/EASEMENTS in
favor of Easement Grantee above referred to and shall supersede
and cancel, but only insofar as would affect the priority between
the deed of trust and EASEMENT/EASEMENTS hereinbefore specifi-
cally described, any prior agreement as to such subordination
including, but not limited, those provisions, if any, contained
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in the deed of trust above mentioned, which provide for
subordination of the lien or charge thereof to another inter
in the real property therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approved the grant of EASEME
EASEMENTS in favor of the Easement Grantee.
2. He intentionally and unconditionally waives, re1
quishes and subordinates the lien or charge of the deed of tc
above mentioned to the EASEMENT/EASEMENTS in favor of Easen
Grantee above referred to and understands that in reliance up
and in consideration of, this waiver, relinquishment
subordination of the grant of EASEMENT/ EASEMENTS is be
executed and delivered, the EASEMENT/EASEMENTS IS/ARE be
created, and that specific monetary and other obligations
being and will be entered into by the Easement Grantee, ot
lenders and title insurance companies which would not be made
entered into but for said reliance upon this waiv
relinquishment and subordination; and
3. An indorsement has been placed upon the note secured
the deed of trust above mentioned that said deed of trust has
this instrument been subordinated to the charge of
May 21 , 1988, before me, the under- COUNTY OF
I/ On
$ ‘ signed Notan/ Public, PeSonallY appeared a 2 2
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c I (perSonally known to me) or (proved to meon the basis of satisfactow $ evidence) to be the person s whose name
8 they executed thesame.
io
Alfonso kdesma and Linda L Qdesma 0
s
subscr,bed to the within instrument and acknowledged that -
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a Notary Public for said County and State, personally appeared
personally known to me or proved to me on the basis of satis- factory evidence, to be an authorized signer of the corpora-
who executed the within instrument on behalf of the corpora-
oration executed the same, pursuant to its by-laws, or a re- solution of its Board of Directors.
Witness my hand and Official Seal
June M. Conant
g tion that executed the within instrument, and to be the person
tion therein named, and acknowledged to me that such corp *
ISEALI
NOTARY PUBLIC- CALIFORMA
PRWCwcfpAL OFFICE IN WMWOCOUNTY
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!i%e lard referred to herein i!2 described as follows:
Lot 165 of CARLSBAD TRACT 74-4 (Quail Ridge) in the City of Carlsbad, in the County
San Diego, State of California, according to Map thereof No. 10128, filed in the 0-ff
of County Recorder'of San Diego County on June 25, 1981. .
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EXHIBIT "A"'
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YWZY.,, ,vAav-rw 3UD"NJLlYtlL LVLI rlWl\IALLlLlTL eESMA, ALFONSO & LIND, * h- FFi3Py'&RY 5, 1988
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.I I .. An easement being a portion of Lot 165, of Map too. 10128, in th
City of Carlsbad, County of San Diego,. State of California, sai map on file in the Office of the County Recorder, of San Diegi County, described as follows:
COMMENCING at the intersection of Elm Avenue with Olympia Driv
as shown on said Map No. 10128: thence South 5002*30n East alon the centerline of said Olympia Drive 102.85 feet: thence leavin
OF BEGINNING, said point being on the Easterly sideline of sail
Lot 165: thence along said sideline North So02'3On West 33.8 feet to the beginning of a tangent 25.00 foot radius curv concave Westerly; thence Northerly along the arc of said curvl through a central angle of 23O12'07", a distance of 10.12 feet t a point of the arc of a non-tangent 36.00 foot radius curvl concaye Easterly, a'radial line to saia 36.00 foot radius curvc bears North 61O32'51" West: thence Southerly along the arc o said curve through a central angle of 33O29'39", a distance o
21.04 feet: thence North 84°57t30" East 2.00 feet to a point 01 the arc of a non-tangent 34.00 foot radius curve concavc Easterly, a radial line to said point bears South 84O57'30" West thence Southerly along the arc of said curve through a centra angle of 18°00'10", a distance of 10.68 feet: thence Soutl
23u02'40" East 14.03 feet to the TRUE POINT OF BEGINNING.
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1 said centerline South 84O57'30" West 28.00 feet to.the TRUE PCIN
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EXZIBIT "B"
. Ezrrow N J.
Loan No.
- .- WHEN RECORDED MAIL TO:
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92005
SPACE ABOVE THIS LINE FOR RECORDER'S USE
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FORM 468 *4WCO PRESS RICK ENGINEERING COMPANY I %O""c~L"!n"~'%i'E"~~
3088 PI0 PIC0 DR. 0 SUITE 202 CARLSBAD, CA 92008
TELEPHONE - e-- AREA CODE 619 729-4987
JOB MO. LE 6AL OESCRIPTIOM FOR: BY DATE JC
cHK'oPG 10-23-87 6069-L Road Easement Lot 164
An easement being a portion of Lot 164, of Map No, 10128, in thc City of Carlsbad, County of San Diego, State of California, saic
map on file in the Office of the County Recorder, of San Diegc
County, described as follows:
COMMENCING at the intersection of Elm Avenue with Olympia Drivc as skown on said Map No. 10128; thence South S002'30" East alonc the centerline of said Olympia Drive 102.85 feet; thence leavinc said centerline North 84O57'30" East 28.00 feet to the TRUE POIN'
OF BEGINNING being a point on the Westerly sideline of said Lo
154; thence a19113 saii? sideline North 5"32'30" 'w'sst 35.85 feet t the beginning of a tangent 25.00 foot radius curve concav Easterly: thence Northerly along the arc of said curve through central angle of 14O11'34", a distance of 6.19 feet to a point o the arc of a not tangent 34.00 foot radius curve concav Westerly, a radial line to said 34.00 foot radius curve bear North 52O44'05" East: thence Southerly along the arc of sai curve through a central angle of 50°13'35", a distance of 29.8 feet: thence South 12O57'40" West 14.03 feet to the TRUE POINT 0
BEGINNING .
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EX!-4iBI-r A G
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COMPANY DE SCRIPTION REVISIONS
TlTLL co. BY DATE REFERENCE ORDERNO. DATE
PLAT TO ILLUSTRATE LEGAL ESCR IPTION OF ROAD EASEMENT
RICK WNOINWIRINO C
CIVIL INQINtERI*~URVEYORI
w rrurr R.W -CA m-s-n-4 ir.---a~~-~-
PROJECT- &U-L
CIPAI E /"Sm' nATF I
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated January 15, 1988
from Willis L. Blounh and Graciela G. Blounh
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsba
California pursuant to resolution No. 88-215 , adopted
on July 5, 1988 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: July 6, 1988
By :
ALETHA L. RAUTENKRANZ, CitA Cle
0 a RFlmRDING €agETED Bk AND )
WHEN REmRDm MAIL To: 1 1
CITY OF CaRzsBAD 1
1200 Elm Avenue . - 1-
Carlsbad, CA 92008 1
6
space abcrve this line for Recorder's use.
SJEmDrnm-
ma: ?HIS SJEmDrnm 2mummw REsJELs IN YaJFt sxalmrY~IN~m~BMxMING
SJKJEm m AN EsrRIE IN Tm HEaL PRDPWTY m WHIm Yam 5axlmxY IFmmMEm A!rmmEs AND HAS
TIE m EE'FECC OF m !Ell3 WUDE OF
YOURSEXXRTEl"BT.
THIS -, made this 20 THday of LV7 H,/ 19a by Willis
Blaucrh and Graciela G. Blaucrh, IIusband and Wife. cmer of the land hereinaft
described and hereinafter referred to as MOwner,tl and Shearson Idman Mo*
Cormration , present owner and holder of the deed of trust and not herehaft
described and hereinafter referred to as "€?enef iciaryl1:
wrmssEm
lFW WHEREAS, Willis L. Blaucrh and Graciela G. Blaucrh did exate a dt
of trust, dated October 29 19 86 ,to ShearsonLehmanMortm
Cornration as su-wr trustee, per Document No. 88-204660; recorded &
1988, mer- therealmxertv described on Esdribit tWt a krE
) dai to secure a note in the sum of Sixtv-Eiuht Thousand and OO/($ 68,000.00
October 29, 1986 , in favor of shearson Lehman Mortuaa eCanma tic
assigned beneficiary per docraent recorded November 18, 1986 , as File No.-
643 of Official Records of said cuunty; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a gx
of EASlMXC daw Jarruary 15, 1988, in favor of the City of Carlsbad as grm
herein referred to as *%asen-mt Grantee," creating AN/'IKE EAsEMENT/EAsEMENTs m
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particulq described in EXHIBIT ItBtt attached hereto; and
- _. WHERERS, Easement Grantee is will- to accept said EAsEZYENT/EAsEMEN
provided the grant of EAsEMEKT/EAsEMENTs is a charge upon the above descriJ;
property prior ard superior to the lien or charge of the deed of trust abc
mentioned and provided that beneficiary will specifically an3 mxfh 'Wy sl2.x
dinate the lien or charge of the deed of trust above mentioned to the lien
charge of the EASENENpGIPlEXKi created in favor of Eiseaent Grantee; arCi
WWiEAs, it is to the mutual benefit of the parties hereto that Easerm
Grantee accept said EAsE3EKC/FASE"TS and Beneficiary is willing that the g?x
of EASEMEKT/EASDIENTS shall, when recorded, constitxte a cha.q= upcn said lard &
is um=orditionally prior and superior to the lien or charge of the deed of tn
above mentioned.
NOW, -RE, in consideration of the mutual benefits accruing to t
parties hereto and other valuable consideration, the receipt and sufficiency
whi& consideration is hereby acknuwledged, ard in om to a - Grarrl
to accept said EWBQ"'EMINl3 above referred to, it is hereby declaml, un3
stood and agreed as follcrws:
1. That said EAsEMEKT/EAsEMwrs in favor of Easemxit Grantee shz
um=onaitionally be and remain at all times a charge on the property then
described, prior and superior to the lien or charge of the deed of trust abc
mmtioned.
2. ?hat Easemmt Grantee wmld not accept Said EZSlPIEKCy abc
described without this subordination -e
3, lhat this agreement shall be the whole and only agreemnt with reg
to the subordination of the lien or dmqe of the deed of trust above menti01
to the EAS-7 in favor of Easement Grantee above referred to t
shall supessede and cancel, but only insofar as wmld affect the priority be-
the deed of trust and EASEMENT/EAsEMEwrs hereinbefore specifically described,
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prior am as to such subordimtion including, but not limited, the pm
sions, if any, contained in the deed of trust above mentioned, which provide f
the subordination of the lien or charge thereof to another interest in the LT
praperty therein described.
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BENEFICIARY declares, agrees and acknowle&ges that:
1. He collsents to and appraved the grant of FASlDlE"7 in fa\
of the Easement Grantee.
2. He intentionally and unconditionally waives, relinquishes and subc
dhates the lien or charge of the deed of trust above mentioned to 1
EAsEMEKT/EAsEMENTs in favor of Ehsemnt Grantee above referred to and urdersta~
that in reliance upon, and in consideration of, this waiver, rel- tz
subordination of the grant of EASH!IE"/EUZMWE is being executed and Wi.
the EAS~D~E"~- IS/= being created, and that specific monetary and otl
obligations are being and Will be en- into by the Easement Grantee, otl
lenders and title insUram=e companies which would not be made or enter& into 1
for said reliance upon the waiver, rei- t and subordination; and
3. An endorsement has been placed upon the note secured by the deed
trust above mentioned that said deed of trust has by this inStnrmen tbeensub
dinated to the charge of the ~~~
above referred to .
BENEFICIARY OWNER
in favor of Easement Gran
SHEARSON L;EHMAN CORPORATION
,€lummlnE
WrIHmEzEt
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} 6s. STATE OF CALIFORNIA san Bernardino COUNTY OF 'Z
~ay 31, 1988 , before me, the undersigned, a Notary Public in and 'for E P $ On
U SHIRLEY J. MILLER
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said State, personally appeared
known to me to be the
- .- - Vd President,d
m " - of the corporation that executed the within instrument, .- L 5
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.- e NOTARY PUBLIC-CALIFORNIA i
and known to me to be the persons who executed the within
inl+rumen+ on behalf of the corporation therein m'ned. and ac- c
U - s
g g directors.
knowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board Of
(OFFICIAL SEAL)
DONNA ZIKRATCH
WITNESS my hand and official Mal. 'i
; ig y. E 5 Signature bob+L&jffA&&>
(This area for oficial notarial real) Name (Typed or Printed)
ss. (Individual) STATE OF CALIFORNIA
7 COUNTYOF SAN TIT
! On this 20th dayof May
5 in and for said state, personally appear4 I 192, before me, the undersigned, a Notary Public
** willis L. Blough and Graciela G. Blough **
personally kf"l to me (Or proved t0 me On the basis of satisfactory evidence) to be the Persons whose name - @/are
subscribed to the within instrument and acknowledged
that - executed the same.
WI ESS my hand and official seal.
i 43 UJ' dLwA*JJ 1
n
CLU
(This area for official notarial seal) Signature of Notary
SAV 70241682
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The land referred to herein is described as follcrws:
Lot 164 of CARLSBAD TRACT NO. 74-4, in the City of Carlsbad, County of San Diego, Stat
of California, according to Map thereof No. 10128, filed in the Office of the County
Recorder of San Diego County, on June 25, 1981. .
0:
EXHIBIT "A"
9
-fan> at DAWCO PRCSs
OWSUITANTS RlCKCkGlNEERlNG COMPANY 1 E# LRCINELRS ',
3088 PI0 PIC0 DR. SUITE 202 0 CARLSBAD, CA 92008 TELEPHONE 0 AREA CODE 619 729-4987
LEGAL OESC(IIC1ION COR: 8Y DATE snEET JOB NO. JC cnK'DPG 10-23-87 lo 6069-L Road Easement Lot 164
An easement being a portion of Lot 164, of Map No, 10128, in the City of Carlsb'ad, County of San Diego, State of California, said map on file in the Office of the County Recorder, of San Diego
- County, described -as follows:
COMMENCING at the intersection of Elm Avenue with Olympia Drive
as shown on said Map No. 10128; thence South SOO2'30" East along the centerline of said Olympia Drive 102.85 feet; thence leaving
said centerline North 84O57'30" East 28.00 feet to the TRUE POINT OF BEGINNING being a point on the Westerly sideline of said Lot
164; thence along said sideline North 5°0?930" West 35,85 feet ts the beginnjng of. a tangent 25.00 foot radius curve concave Easterly; thence Northerly along the arc of said curve through a central angle of 14O11'34", a distance of 6.19 feet to a point on
the arc of a not tangent 34.00 foot radius curve concave Westerly, a radial line to said 34.00 foot radius curve bears North 52O44'05" East; thence Southerly along the arc of said curve through a central angle of 50°13g35", a distance af'29.80 -feet; thence South 12°57840" West 14.03 feet to the TRUE EOUT OF
BEGINNING.
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EXI-IIBIT "B" .. I .. .
COMCANY DLICRlPTIO* REVISIONI
r TllLL eo. IY DATE RLILRLYCL OROERNO. DATE