HomeMy WebLinkAbout1991-05-07; City Council; 11139; SettlementD w 5; a
4
e e
0 1
.. 2 0 F= 0 a 4 0 z 3 0 0
CIT- OF CARLSBAD - AGENE- BILL
MTG. 1-7-91
DEPT. CA
SETTLEMENT OF LAWSUIT ENTITLED DABBS V. WESCO HOMES, N46005 CITY MGR.!&&!-
RECOMMENDED ACTION:
It is recommended that the City Council authorize settlement of this case by adopting Resolution No. 9/-~= and authorize the mayor to execute the Settlement Agreement and Mutual Release.
ITEM EXPLANATION This case arises from the construction phase of a subdivision located off of Hosp Way. The subdivision had been previously approved by the City in 1988. During the construction phase it became apparent that construction of one of the subdivision streets would interfere with access provided by a previously recorded easement held by Kenneth R. and Carolyn L. Dabbs. The Dabbs claimed that the City's approval of this subdivision and the location of the streets in it which block their access amounted to inverse condemnation. The Dabbs filed a lawsuit naming the City, the developers and an adjacent property owner. Although the Dabbs have a legal right to use the recorded easement for access, in fact
they use another route which they have used for a number of years
for access onto Elm Avenue.
The private parties have reached a settlement providing alternative access and agreed to dismiss this litigation. The agreement has been executed by all the parties and is attached as Exhibit A. Under the terms of the agreement, the City makes no monetary contribution and agrees to process an encroachment permit to
formalize the existing access route to Elm Avenue along the west
side of the Elm Avenue Reservoir. The developer has agreed to grant Dabbs an easement for utility purposes to the existing sewer in the private street to accommodate a future lot split. Dabbs is
required to apply for permission to connect to the sewer and comply with all laws in effect at that time he applies for a minor subdivision. The City Engineer has reviewed and concurs in this recommendation.
FISCAL IMPACT Expenditures of staff time but no appropriations are necessary
EXHIBIT
Resolution No. 9/.-/38 Exhibit A - Settlement Agreement
1
2
3
4
5
6
7
8
9
10
11
12
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 91-138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AUTHORIZING THE MAYOR TO EXECUTE THE SETTLEMENT AND RELEASE AGREEMENT TO SETTLE THE LAWSUIT ENTITLED DABBS V. WESCO HOMES, CASE NO. N46005
WHEREAS, on recommendation of the City Attorney the
City Council of the City of Carlsbad, California has determined
that a settlement in the case entitled Dabbs v. Wesco Homes is in
the public interest; and
WHEREAS, no funds will be necessary to settle this
case,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor is authorized to sign the Settlement
Agreement and Release which is hereby approved.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the City Council of the City of Carlsbad on the 7th day
of &Y , 1991, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygaard and
NOES : None
Stanton
ABSENT: None
ATTEST :
..
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Mutual Release ( l1AgreementI1) is entered into by and among Kenneth R. Dabbs and Carolyn L. Dabbs (collectively llDabbsll) : Wesco Homes, Inc. and Wesco Development
Company (collectively "Wesco") ; Dalj it Sarkaria ( llSarkariall) ; City
of Carlsbad ( llCarlsbadll) and Rick Engineering Company, a California corporation ( llRickll) .
The Parties are collectively referred to as the I1Partiesg1.
1. Recitals. This Agreement is executed with reference to and in contemplation of the following facts:
(a) Di8putes. Several disputes and claims have arisen and
exist between and among the Parties, which are the subject of pending litigation described in Sub-paragraph l(b) . It is the
intention and desire of the Parties to execute a final settlement
and resolution of all the existing disputes and claims, regardless
of the nature or basis.
(b) Pending Litigation. On December 22, 1989, Dabbs filed suit by filing its Complaint for Injunction, Damages and Inverse Condemnation in the Superior Court of the State of California, County of San Diego, North County Branch, Case No. N46005 entitled
Kenneth R. Dabb s and Carolyn L. D abbs vs. Wesco Homes, Inc.. Wesco
gev eloDm e nt Co mDan Y, Daliit Sarkaria, City of Carlsbad and Does I throuah X. Inclu sive: and the related cross-complaints filed among
the Parties.
(c) Resolution. The undersigned understand, acknowledge and agree that this Agreement is a compromise of disputed claims and is not to be construed as an admission of liability by any Party to
this Agreement.
2. Resolution of Litigation. Concurrently with the execution
of this Agreement, each of the Parties shall execute and deliver a Request for Dismissal with prejudice of the action described herein and related cross-complaints. Upon execution of this Agreement, counsel for Rick shall file the Requests for Dismissal with the San Diego County Superior Court and upon entrance of the Dismissal, shall provide.. counsel for each of the Parties a conformed copy of said Dismissal.
3. Costs. Each Party to this Agreement will bear its own attorney's fees and costs.
4. Release of Claims. Each of the Parties, on behalf of.its self and its respective successors-in-interest, agents, employees, assigns, affiliates, partners, co-ventures, heirs and representatives, hereby fully and forever release, acquit, and
1
discharge, each of the other of the Parties and each such
respective successors-in-interest, agents, employees, representatives, departments, officers, directors and each of them, of and from any and all liabilities, claims, cross-claims, demands, actions, causes of action, suits, contracts, controversies, agreements, accounts and rights, which each of the Parties may have as against each of the.other Parties arising from the issues and defenses set forth in this Pending Litigation. The foregoing release shall include, but is not limited to, claims or actions or causes of action arising out of or relating to any laws or statutes of the United States or any State thereof including any alleged
breach of the duty of good faith and fair dealing or unfair claims practices or acts concerning the issues and defenses set forth in
this Pending Litigation. This Release shall not apply to any
obligations created by this Agreement.
\
5. Consideration. Upon execution of this Settlement Agreement the Parties shall perform the tasks and deliver the documents necessary to accomplish the tasks in accordance with the following terms and conditions in consideration for the settlement of the Pending Litigation:
(a) Wesco will provide for an utility easement across Lot 35 of the Wesco development known as Vista de la Valle, Carlsbad Tract
No. 88-2 to Doreet Way to provide Dabbs with the ability to connect to the underground sewer and water utilities located below Doreet Way. This easement shall be sufficient to connect two residences (to accommodate a future lot split). This easement is more particularly described in Exhibit @'A@@ to this Agreement, which is
a copy of the Grant of Easement to be recorded in the Official
Recgrds of San Diego County as maintained by the County Recorder for San Diego County. It is expressly understood by all parties hereto that in providing for the easement described in this paragraph, neither Wesco nor any other party other than Dabbs shall be obligated to incur any costs or to provide either directly or indirectly any labor, services, equipment and/or materials related to the actual construction and connection of the utilities
described in this paragraph.;
(b) Carlsbad will allow Wesco to grant the utility easement
to Dabbs as set forth above and shall allow Dabbs or his successor in interest to apply for permission to connect to the sewer and water utilities located umer Doreet Way. Any connection charges
or other fee8 normally charged for connection to sewer utilities in Carlsbad shall be the responsibility of Dabbs and/or his successor in interest according to law. Construction of any connections or
use, along with any costs, fees, assessments or other charges or fiscal obligations imposed by law or incurred in the use of or construction activities associated with that use of the easement described in paragraph 5 (a) shall be the responsibility of Dabbs
or his successor in interest only, and not of any of the other
parties to this agreement:
(e) Dabbs shall have recorded an amendment of the 20-foot recorded easement that currently encumbers Sarkaria's property and is contained in the Grant Deed dated March 3, 1972 and located in Book 1972 at File/Page 52230 of the Official Records of San Diego County. This amendment will provide for the termination of the easement described in this paragraph at the time an alternative access easement is provided in accordance with the conditions of
paragraph 5(d). A copy of the amendment is attached to this
Agreement as Exhibit B;
(a) Sarkaria shall have recorded an easement for ingress and egress in favor of Dabbs along the route Dabbs claims prescriptive rights and is presently used by Dabbs for ingress and egress from
Dabbs property to Elm Avenue. This easement shall be of sufficient
width to accommodate access to two residences on the Dabbs property as currently required by Carlsbad to allow a future lot split by
Dabbs into two residential lots, and is illustrated for purposes of
this Agreement on the attached Exhibit ltC1t, which is the Grant of Easement which is to be recorded in the Official Records of the
County of San Diego as maintained by the County Recorder of San
Diego. Said easement shall provide for automatic termination upon an alternate equivalent access being provided through the Sarkaria property (whether by Sarkaria or his successor in interest). This easement and this Agreement do not purport to actually split or subdivide or commence the requisite process of splitting or
subdividing Dabbs parcel which is the subject of this Agreement. Any such division of the property shall be undertaken by Dabbs in
accordance with the state and local laws and ordinances existing at the time Dabbs commences such division;
(e) Description, for inclusion in the appropriate documents,
of the easements set forth above shall be provided by Rick;
(f) Carlsbad will process an encroachment permit to permit the continued use of that portion its property adjacent to the water tower located on Elm Avenue by Dabbs for ingress and egress
from Dabbs property to Elm Avenue in a manner consistent with the
current and past use by Dabbs of that portion of Carlsbad's property and not inconsistent with City use. The right of Dabbs to use the property shall be subject to the terms and conditions of
the encroachment permit;
(g) Recordation of the documents described above shall be done simultaneously or in the order established by the Parties on or before April 26, 1991 or any extension granted by express written consent of the Parties.
I
6. No Admirrsion. The execution of this Agreement effects settlement of claims which are contested and denied. Nothing herein contained shall be construed as an admission by any Party thereto of any liability of any kind to any other Party. Each Party
3
c
acknowledges that the other Party expressly denies that he, she or it is in any way liable or obligated to the other.
7. Mutual Waiver of Statutory Rights. Each of the Parties to this Agreement hereby waives all rights which may exist as against any of the Parties hereto under Section 1542 of the
California Civil Code, which provides as follows:
"A general release does not extent to claims which the creditor does no or suspect to exist in this favor at the time of executing the lease, which if known by him must have materially effected his settlement with the debtor. *@
8. Purther ASSUranCe8. Each of the Parties shall hereinafter execute all documents and do all acts necessary, convenient or desirable, upon the reasonable request of any of the other Parties, to effectuate the provisions of this Agreement.
9. ~UC~OSSO~S. The provisions of this Agreement shall apply to, be binding on, extend to and inure to the benefit of the
successors, assigns, transferees, grantees, indemnitees, heirs, administrators, executives, legal representatives, successors and agents of each of the Parties to this Agreement.
lo. Independent Counsel. Each of the Parties to this Agreement acknowledge and agree that it has been represented by
independent counsel of its own choice throughout all negotiations
preceding the execution of this Agreement, and that it has executed this Agreement with the consent, and upon the advice of said
independent counsel.
11. California Law. This Agreement is made and entered into
in the State of California and shall, in all respects be interpreted, enforced and governed by the laws of this State.
12. Attorney@s Fees. In the event litigation is commenced to enforce or construe any of the provisions of this Agreement, recover damages for breach of any of the provisions of this
Agreement, or obtain declaratory relief in connection with any of the provisions of this Agreement, the prevailing party shall be
entitled to recover reasonable attorney's fees and costs.
13. Interpretation.. Whenever the context requires, the singular number shall include the plural, the plural shall include
the singular and the masculine shall include the feminine and
neuter genders.
14. Captions.,, The captions by which the paragraphs and sub- paragraphs of this Agreement are identified are for convenience
only, and shall have no effect whatsoever upon its interpretation.
15. Ambiguity. This Agreement shall be deemed to have been
4
c
drafted by each and every Party, and any uncertainty or ambiguity existing herein shall not be interpreted against any of the other Parties, but according to the application of the rules of interpretation of contracts; if any such uncertainty or ambiguity
exists.
16. Severance. If any provision of this Agreement is held to be illegal or invalid by a court of competent jurisdiction, such
provision shall be deemed severed and deleted and neither such provision nor its severance and deletion shall effect the validity of the remaining provisions.
17 Integration. This Agreement constitutes a full
integration of the entire understanding and agreement of the Parties with respect to the matters referred to herein. Any representation, promise or condition, whether written or oral, between the Parties with respect to the matters referred to in this Agreement that is not specifically incorporated in this-'Agreernent shall not be binding upon any of the Parties hereto; and the Parties acknowledge that they have not relied, in entering into this Agreement, upon any representations, promises or conditions not specifically set forth in this Agreement. No prior oral or written understanding, covenant or agreement between the Parties, with respect to the matters referred to in this Agreement, shall survive the execution of this Agreement.
18. Counterparts. This Agreement may be executed in
counterpqrts. When each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original and all counterparts taken together shall constitute one in the same agreement, which shall be binding and effective as to the Parties.
19. Authority. Any individual signing this Agreement on
behalf of an entity represents and warrants that he or she has the
full authority to do so.
DABBS : APPROVED AS TO FORM AND CONTENT: Feis't, Vetter, Knauft& Loy
/
WESCO: Wesco Homes, Inc.
W
APPROVED AS TO FORM AND CONTENT: Hunt, Ortmann, Blasco, Palffy &
5
20. Authority. Any individual signing this Agreement on
behalf of an entity represents full authority to do so.
DABBS :
Kenneth R. Dabbs
Carolyn L. Dabbs
W T: co Homes, In%-
WekDevelopment -paw
BY Milan Drago] lovich
SARKARIA:
Dr. Daljit Sarkaria
CARLSBAD: City of Carlsbad
and warrants that he or she has the
APPROVED AS TO FORM AND CONTENT: Feist, Vetter, Knauf & Loy
By: Henry R. Hague
APPROVED AS TO FORM AND CONTENT: Hunt, Ortmann, Blasco, Palffy & Rossel. - A7
APPROVED AS TO FORM AND CONTENT:
Robert A. Von Esch, Jr. t Assoc.
By: Robert A. Von Esch, Jr.
APPROVED AS TO FORM AND CONTENT: Hunt, Ortmann, Blasco, Palffy & Rossell
By: By:
Claude Lewis, Mayor Thomas Pal f f y ..
By: City Attorney's Off ice
Ray Patchett, City
6
-.
Rossell
6
By: By :
Milan Dragoj lovich Thomas Palffy
Wesco Development Company
By: Milan Dragoj lovich
9-
0 FORM AND CONTENT:
Dr. par j%v Sar'karia
L/
CARLSBAD:
City of Carlsbad APPROVED AS TO FORM AND CONTENT': Hunt, Ortmann, Blasco, Palffy & Rossell
Managbd By:
RonaldR. Ball, Assistant City
Attorney
RICK:
Rick Engineering Company APPROVED AS TO FORM AND CONTENT:
Rick Engineering Company Legal
Dept . - By: By:
Lyle F. Gabrielson, Dennis J. Stryker, General President Counsel
dabbs. 004
6
c
By: Milan Dragoj lovich
Wesco Development Company
By: Milan Dragoj lovich
SARKARTA:
Dr. Daljit Sarkaria
Mawer
RICK:
Rick Engineering Company
Rossell
By:
Thomas Palffy
APPROVED AS TO FORM AND CONTENT: Robert A. Von Esch, Jr. C Assoc.
Robert A. Von Esch, Jr.
APPROVED AS TO FORM AND CONTENT: Hunt, Ortmann, Blasco, Palffy & Rossell
By: Thomas Palffy n
By:
Attorney
TO FORM AND CONTENT: APpRowDz Rick En neering Company Legal
Dept . By:
Dehis J. Stryker, General Eesident Counsel
dabbs. 004
6
c
WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO:
Henry L. Hague, Esq. Fiest, Vetter, Xnauf & Loy
810 Mission Avenue, Suite 300 Post Office Box 240 Oceanside, California 92049-0240
NO TRANSFER TAX DUE
AMENDMENT TO GRANT DEED FOR
EASEMENT FOR PFtIVATE ACCESS
For good and valuable consideration, receipt of which is hereby acknowledged, GRANTOR(S) and GRANTEE, hereby agree to the amending of the terms and conditions of the easement for ingress and egress set forth in the Grant Deed dated March 3, 1972 and located in Book 1972, File Page 52230 that creates and grants the right of way and incidents there to for private driving and access upon, over and 'across that certain real property in the County of San Diego, State of California, described as follows:
An easement of ingress and egress for road purposes 20.00 feed in width over a portion of the Northwest Quarter of the Southwest Quarter of Section 32, Township 11 South, Range 4 West, San Bernardino Meridian; the Westerly, Northerly and Easterly lines thereof being described as follows:
Beginning at a point on the Westerly line of said Northwest Quarter of the Southwest Quarter North 00. 56' 20" East, 625.00 feet from the southwest corner thereof: thence North
00' 56' 20" East, 55.00 feet to the Northwest corner of
that land conveyed to E.J. Babson, by deed recorded August 25, 1961 as File No. 148549; thence along the boundary of said Babson's land South 89O 12' 20" East, 181.50 feet, South 00. 56' 20" West; 240.00 feet; and South 89' 12' 50" East, 50.00 feet to the Easterly terminus of the herein describ8d line, being also the northwest corner of the land describrd in Parcel 1 above.
The easement hereinabove granted shall automatically cease, terminate and be of no further force and effect at such time as the holder of the servient tenement,. be it the GRANTOR herein or his heirs, successors or assigns, provides an alternative equivalent easement from the dominant tenement served by the above-stated easement, through the servient tenement, to a public road .
access.amd
Date: 5,199I Grantor (s) :
I
Grantee (s)
INDMWAL ACXNOWLEDGMENT: STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On this day of , in the year 199 before me,
) ss.
a Notary said County and State, personally appeared -D*85
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who e name is subscribed knowledge that executed it.
wry Public in and for NOTAW PCCLIC c&lmw
F..(:NCIPhL OFFCE IN said County and State
STATE OF CALIFORNIA )
COUNm OF SAN DIEGO )
On this 9 day of e , in the year )44/ before me,
a Notary Publ c and or said County and State, personally appeared . $5
personally known to me (or proved to me on the basis of the person whose name is subscribed
) ss.
wledge that 5% executed it.
County and State
access.amd
INDIVIDUAL ACKN0wLeM;MENT: STATE OF CALIFORNIA )
COUNTY OF-0 )
On this 13)'' day of C>:L~ , in the year /q?/ before me,
a Notary Public in and for said County and State, personally
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed
to this instrument, and acknowledge
OUNlqL 1 ss*
appeared >di;t Sax, @-
J
INDIVIDUAL ACKNOWLEDGMENT: STATE OF CALIFORNIA )
COUNTY OF-0 )
On this /7* day of C3,;t , in the year fqql before me,
a Notary Public in and for said County and State, personally
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed
to this instrument, and acknowledge thau executed it. -
Oa/c)-rbt' ) ss.
appeared f l0lh t#b
sar and State
access.amd
WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO:
Henry L. Hague, Esq. Fiest, Vetter, Knauf & Loy
810 Mission Avenue, Suite 300 Post Office Box 240
Oceanside, California 92049-0240
NO TRANSFER TAX DUE
EASEMWT FOR PRIVATE ACCESS
For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to Kenneth R. Dabbs and Carolyn L. Dabbs, hereinafter called GRANTEE, the right 0.f way and incidents there to for private driving and access upon, over
and across that certain real property in the County of San Diego,
State of California, described as follows:
See Exhibit 8vAQ8 for legal description and Exhibit "B* for Plat Illustrating the Private Access Easement.
The easement hereinabove granted shall automatically cease, terminate and be of no further force and effect at such time as the holder of the servient tenement, be it the GRANTOR herein or his heirs, successors or assigns, provides an alternative
equivalent easement from the dominant tenement served by the
above-stated easement, through the servient tenement, to a public road
Date : 5/$:7/Q/ Grantor (s) :
' ,-
L - -
access-pri
INDIVIWAL ACKNOWLEDGXENT: STATE OF CALIFORNIA )
COUNTY OF )
On this )7+” day of c?rLc , in the year I 4 Ci I before me,
a Notary Pyblic in and for said County and State, personally
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledge that hP executed it.
OZANL-c‘ ) ss.
appeared bd ,if- %l/torlL c-l\d f-(Qbna s*fGa*.it%
CORPORATE ACXNOWIZDGMENT: STATE OF CALIFORNIA )
COUNTY OF-0 )
OLW6E ) ss.
On this 17fh day of a>d- , in the year 14 4 I before me,
a Notary Public in and for said County and State, personally
appeared f /a In, ~~>dA-fl*lL
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within
instrument as
or on behalf of the corporation therein named and acknowledged to
me that the corporation executed it.
Notary Public in and for
said County and State
access.pri
e Legal Description
I lC -. J - 9065-L
PRIVATE ACCESS EASEMENT
BY: SS/rab
co.
OM No.
Dato
DATE: April 19, 1991 I mr.
Page 1 of 1
An easement being a portion of the Northwest quarter of the
Southwest quarter of Section 32, Township 11 South, Range 4 West,
San Bernardino Meridian, in the City of Carlsbad, County of San
Diego, State of California, according to the United States Government Survey approved, more particularly described as follows:
A strip of land being 24 feet wide, lying 12.00 feet on each side measured at right angles and parallel with the following described centerline;
COMMENCING at the intersection of the two courses, as described in
a deed to K.J. Babson, recorded August 25, 1961 as File/Page No.
148549 of Official Records: North 44*12@2On West 114.14 feet and South 45*47'40n West 152.84 feet; thence along the Southeasterly line thereof North 45*41'09n East (North 45'47'40" East per Deed)
15.00 feet to the TRUE POINT OF BEGINNING; thence leaving said
Southeasterly line South 30*02'30n East 50.29 feet; thence South
46'48'57" West 61.33 feet: thence South 59.15'56" West 79.19 feet; thence South 48*51°13a West 37.09 feet: thence South 56*10'141' West
15.30 feet; thence South 24.27'19" East 10.25 feet to a point on the Northwesterly line of a deed to the City of Carlsbad, recorded
October 29, 1971 as Pile/Page No. 249983, said point being 12 feet
Southwesterly and on a line parallel with the Southwesterly line of a deed to tho City of Carlsbad, recorded October 29, 1971 as File/Page No. 249981: thence South 24*27'1gn East along said parallel lino 73.42 feet to a point on the Southerly line of said Deed Filo/Pago No. 249983, said point being the POINT OF
TERMINATION.
The Sid8line8 of .aid easement shall bo longhtened or shortened to begin at said Southeasterly line of said Deed File/Page No. 148549
and shall end at said Southerly line of said D
249983 .
RE103 489
PLAT T~~LLUSTRATE LEGAL DESCRIPTION OF PRIVATE ACCESS EASEMENT
EXHIBIT "B"
RICK INOINImAINO COMPANY
CIVIL 8NOINIIR1- IURVIYOCII * PLANNLRI
im~ILpyu~(uIyI~,muT8rrrurUrrp.~~
PROJECT-R 9065L
SCALE I " = 40' I OATE 2-7-91
I
.-
% RECORDING REQUESTED BY AND AFTER RECORDATION, MAIL TO:
Henry L. Hague, Esq. Fiest, Vetter, Knauf & Loy
810 Mission Avenue, Suite 300 Post Office Box 240 Oceanside, California 92049-0240
GRANT OB EASEMENT FOR WATER AND SEWER
For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned Wesco Development Company, Wesco Homes, Inc., and Wesco/Herrick Co., as Grantor(s) hereby GRANT(S) TO KENNETH R. DABBS AND CAROLYN L. DABBS, situated in the County of San Diego, State of California, as Grantee, a permanent easement forthe purpose of laying underground water pipelines and laterals, sewer lines, sewer trunk lines, collection lines and laterals, new manholes and other underground and surface structures appurtenant
to said water and sewer lines, within said easement, together with the right to construct, operate, maintain, repair and replace said facilities, and the right of ingress and egress for such purposes. Said easement is described as follows:
See Exhibit "An for legal description and Exhibit I8B'* for plot
1 illustrating the sewer and water easement.
Grantor and Grantee shall not use this easement for anything inconsistent with this grant of easement and any conditions contained or a part of Map 12493, filed in the office of the County Recorder in San Diego County, State of California dated November 2, 1989.
Grantor reserves the right to use said land at Grantor's own risk
for any and all purposes not conflicting, interfering or
inconsistent with Grantee's use.
Grantor and Grantee shall not increase or decrease or permit to be increased or decreased the ground elevations of said easement existing at the time this document is executed, nor construct or permit to be constructed any permanent building, structures, improvements or other encroachment upon said easement. Grantor shall not cause or permit any excavation adjacent to said easement which will cause damage to or threaten the safety of any of said facilities of Grantee placed within the easement. Grantee shall have the right to transfer and assign this easement to its successor in interest, or to any other political subdivision
or public utility for use of the above stated purpose.
EXHIBIT
Date: Grantor (s) :
INDIVIDUAL AClWOULgWMENT : STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
On this day of , in the year before me, 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 person whose name is subscribed to
this instrument, and acknowledge that executed it.
Notary Public in and for said County and State
CORPORATZ ACXHOWLEDGHZNT: STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss*
On this day of , in the year before me, 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 person who executed the within instrument as or on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
Notary FUblic in and for said County and State
grant ea8
Legal Description
J - 9065-L
SEWER AND WATER EASXMENT
TC Ret.
co.
Order No. BY: SS\rab 1 Date
DATE: February 11, 1991
Page 1 of 1 Rev. By
An easement being in the City of Carlsbad, County of San Diego, State of California and being a portion of Lot 35 according to the Map thereof No. 12493, filed in the office of the County Recorder,
in said County, in said State, dated November 7, 1989, more particularly described as follows:
A strip of land being 15 feet wide, lying 7.50 feet on each side measured at right angles and parallel with the following described centerline:
COMMENCING at the Southwesterly corner of 'Lot 35; thence along the Southerly line of said Map No. 12493 South 89*18@511@ East 21.30 feet to the TRUE POINT OF BEGINNING; thence North 23*46'5611 East 43.46 feet; thence North 61*21@2911 East 9.00 feet to a point on the
arc of a non-tangent 38.00 foot radius curve concave Northeasterly,
a radial line to said point bears South 61*21*29@@ West said point being on the Westerly right-of-way line of Doreet Way (a private street) as shown on said Map No. 12493 and being the POINT OF TERMINATION.
The sidelines of said easement shall be lengthened or shortened to
begin on said Southerly line and shall end on said Westerly right- of-way line.
.
RE103 489
r
0
cr)
l- Q -1
\
\ \
-'
N rr)
I-
C, -1
I I I
t-1 I QI -1 I
I I I I
f I $.
I \/
Y I RICK INOINIIRINO COMPANY
PLAT TO ILLUSTRATE
I WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO:
Henry L. Hague, Esq. Fiest, Vetter, Knauf 61 Loy 810 Mission Avenue, Suite 300 Post Office Box 240 Oceanside, California 92049-0240
NO TRANSFER TAX DUE
AMENDMENT TO GRANT DEED FOR
EASEMENT FOR PRIVATE ACCESS
For good and valuable consideration, receipt of which is hereby acknowledged, GRANTOR(S) and GRANTEE, hereby agree to the amending of the terms and conditions of the easement for ingress and egress
set forth in the Grant Deed dated March 3, 1972 and located in Book
1972, File Page 52230 that creates and grants the right of way and
incidents there to for private driving and access upon, over and across that certain real property in the County of San Diego, State of California, described as follows:
An easement of ingress and egress for road purposes'20.00 feed in width over a portion of the Northwest Quarter of the Southwest Quarter of Section 32, Township 11 South, Range 4 West, San Bernardino Meridian; the Westerly, Northerly and Easterly lines thereof being described as follows:
Beginning at a point on the Westerly line of said Northwest Quarter of the Southwest Quarter North 00 56' 20" East,
625.00 feet from the southwest corner thereof: thence North 00
56' 20" East, 55.00 feet to the Northwest corner of that land conveyed to E.J. Babson, by deed recorded August 25, 1961 as
File No. 148549; thence along the boundary of said Babson's
land South 89 12' 20" East, 181.50 feet, South 00 56' 20"
West, 240.00 feet: and South 89 12' 50" East, 50.00 feet to the Easterly terminus of the herein described line, being also
the northwest corner of the land described in Parcel 1 above.
The easement hereinabove granted shall automatically cease, terminate and be of no further force and effect at such time as the holder of the servient tenement, be it the GRANTOR herein or his heirs, successors or assigns, provides an alternative equivalent easement from the dominant tenement served by the above-stated easement, through the servient tenement, to a public road.
Date: Grantor (s) :
Grantee (s) :
IHDIVIDUAL ACXNO-DGXBNTS STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
On this day of , in the year before me,
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 person whose name is subscribed to this instrument, and acknowledge that executed it.
Notary Public in and for said County and State
INDIVIDUAL ACXNOULEM3ldENTt STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
On this day of , in the year before me,
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 person whose name is subscribed to this instrument, and acknowledge that executed it.
Notary Public in and for
said County and State
IHDIVIDUAL ACmO~DGXBMT t
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
access.amd
.-
On this day of I in the year before me, 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 person whose name is subscribed to
this instrument, and acknowledge that executed it.
Notary Public in and for said County and State
INDIVIDUAL ACKNOWLEDGMENT: STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
On this day of I in the year before me, 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 person whose name is subscribed to
this instrument, and acknowledge that executed it.
Notary Public in and for said County and State
access.amd
1
F WHEN RECORDED, PLEASE MAIL
THIS INSTRUMENT TO:
Henry L. Hague, Esq. Fiest, Vetter, Knauf C Loy
810 Mission Avenue, Suite 300 Post Office Box 240 Oceanside, California 92049-0240
NO TRANSFER TAX DUE
BASEMENT FOR PRIVATE ACCESS
For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned hereinafter called GRANTOR(S) , do (es) hereby grant, convey and dedicate to Kenneth R. Dabbs and Carolyn L. Dabbs, hereinafter called GRANTEE, the right of way and incidents there to for private driving and access upon, over and across that certain real property in the County of San Diego, State of California, described as follows:
See Exhibit @#An for legal description and Exhibit lIB@s for Plat Illustrating the Private Access Easement.
The easement hereinabove granted shall automatically cease, terminate and be of no further force and effect at such time as the
holder of the servient tenement, be it the GRANTOR herein or his
heirs, successors or assigns, provides an alternative equivalent
easement from the dominant tenement served by the above-stated
easement, through the servient tenement, to a public road.
Date: Grantor (s) :
access.pri - EXHiBIT C . .,
4
INDIVIDUAL ACKHOWLBDGMENT t STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
On this day of , in the year before me,
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 person whose name is subscribed to this instrument, and acknowledge that executed it.
\ Notary Public'\h and for said County and State
CORPORATI ACIMOULEDGXENT t STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
On this day of , in the year before me,
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 person who executed the within
instrument as or on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
Notary Public in and for said County and State
access.pri
Legal Description
J - 9065-L TC Ref.
PRIVATE ACCESS EASEMENT
BY: SS/rab
DATE: February 11, 1991
Page 1 of 1'
1 Order No. 1 Date
Dercr.
Rev. By
An easement being a portion of the Northwest quarter of the
Southwest quarter of Section 32, Township 11 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the United States
Government Survey approved, more particularly described as follows:
A strip of land being 24 feet wide, lying 12.00 feet on each side measured at right angles and parallel with the following described centerline;
COMMENCING at the intersection of the two courses, as described in a deed to K.J. Babson, recorded August 25, 1961 as File/Page No. 148549 of Official Records; North 44'1212011 West 114.14 feet and South 45'47'40f.1 West 152.84 feet; thence along the Southeasterly line thereof North 45'4110911 East (North 45'471401t East per Deed) 15.00 feet to the TRUE POINT OF BEGINNING; thence leaving said Southeasterly line South 30'0213011 East 50.29 feet; thence South 46'4815711 West 61.33 feet; thence South 59'15'56" West 79.19 feet; thence South 48'5111311 West 37.09 feet; thence South 56'1011411 West 15.30 feet; thence South 24'2711911 East 10.25 feet to a point on the Northwesterly line of a deed to the City of Carlsbad, recorded October 29, 1971 as File/Page No. 249983, said point being 12 feet Southwesterly and parallel with the Southwesterly line of a deed to the City of Carlsbad, recorded October 29, 1971 as File/Page No. 249981; thence South 24*2711911 East along said parallel line 73.42 feet to a point on the Southerly line of said Deed File/Page No. 249983, said point being -the POINT OF TERMINATION.
The sidelines of said easement shall be lenghtened or shortened to begin at said Southeasterly line of said Deed File/Page No. 148549 and shall end at said Southerly line of said Deed File/Page No.
RE103 489
Legal Description
J - 9065-L
C.U.P. FOR ACCESS
BY: SS/rab
DATE: February 11, 1991
Page 1 of 1
TC Ret.
co. I Order Po.
Dale
Dew.
Rov. By
An easement being a portion of the Northwest quarter of the Southwest quarter of Section 32, Township 11 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the United States Government Survey approved, more particularly described as follows:
A strip of land being 24 feet wide, lying 12 feet on each side measured at right angles and parallel with the following described centerline:
BEGINNING at a point on the Northerly line of Parcel 15-B in a deed to the City of Carlsbad, recorded December 7, 1973 as File/Page No. 73-339527, said point being 12 feet Southwesterly and parallel with the Southwesterly line of Parcel 15-A of said Deed: thence South 24'27t19tt East along said parallel line 168.34 feet to the Northwesterly right-of-way line of Elm Avenue, as shown on Map No. 6397, in the City of Carlsbad, filed in the office of the County Recorder of San Diego County, State of California, and being a
point on the arc of an 892.00 foot radius curve concave Southeasterly, a radial line to said point bears North 50'36t26tt West, said point being the POINT OF TERMINATION.
The sidelines of said easement shall be lengthened or shortened to begin on the Northerly line of said Parcel 15-B and shall end on the Northwesterly right-of-way line of Elm Avenue as shown on said Map 6397.
RE103 489
(I
c
c
PLAT TO ILLUSTRATE LEGAL DESCRIPTION OF C.U.l? FOR ACCESS