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HomeMy WebLinkAbout; County of San Diego; 70-58580: Easement"' -~ ' \ .J ... ' .• ~ C) \ .. , . ... , ,l. . . . YO . DOC1lMENTARY TRANSFER TAX$ ..•.. ~~ . .:.::-- SWIRSKY AND SAUER ·. GRANT DEED ATTORNEYS AT LAW 2965 ROOSEVELT STREET OF CARLSBAD, CALIFORNIA 92008 EASEMENT o - 5858 flLE{PAi:E NO .................... ---·~-·-· ....... :'..:::~_: Afff~~va~ P!;{~--··/ .. IOOK 1970 OrflelAL llECORDS §1\N tlliCIQ PQUtnY1,llALIFORNIA A,. i. QMV, COUNh ll~Aa-R ·-<o . 7 ') v NO f:tl The COUNTY OF SAN DIEGO , a political subdivision of the state of California, does .. hereby grant to the Carlsbad Municipal water District, a municipal water dis trict of the state of California organized under the Municipal Water District Act of 1911, as amended, an easement for a water pipeline, together with existing water pipelines and appur- tenances and the right to repair a nd maintain the same , in, through and over all that real property in the County of San Diego, State of California, described as follows: All those portions of Lot "G" of the Rancho Agua Hedionda, in the County of San Diego , state of California, according to Map thereof No. 823, filed i n the Office of the Recorder of said San Diego County, h ereinafter described as follows: PARCEL I A strip of land 10.00 feet in width lying 5.00 feet on each side of a centerline described as follows: Beginning at a point designated as Engineer's Station 181+44.56 E .Co on Road Survey No . 1534, a plat of which is on fil e in the Office of the County Engineer of said San Diego County, said point being the Easterly terminus of a curve , concave Southeasterly, in the centerline of said Road Survey, having a radiu s of 2000.00 feet, a central angle of 23°26 1 4 9 ", and a l e ngth of 818.45 feet; thence South 65°27 1 00" West alona a line tangent to said c urve ,. 105.69 feet to fhe beginning of a tangent curv e , conc ave Northerly, having a radius of 1000.00 feet; the nce We sterly along said curve through a central angle of 14° 15 1 20 ", a distance of 248 .80 feet; the nce t angent to said curve South 79°42'20" West, 680.25 feet ; thence South 10°17 '40" East, 10.00 feet to the TRUE POINT OF BEGINNING of.the cente rline herein described; thence South 25°49'58" West , 94 .81 feet: thence South 79°22 1 39" West, 126.65 feet; thence South 5.0°38 '55 • West, 90 .94 feet to the beginning of a tangent curve, concave Northwesterly, h a ving a ;radius of 360 . 00 feet ;_ the nce along said curve through a central angle of 28Q56 1 a distance of 181.79 feet; thenc~ tangent to said curve South 79°34 1 5511 West, 489.56 feet to a point hereinafter referred to as "Point A"t thence continuing South 79° 34 1 5511 West, 127 .oo feet. · .•· ,, . . . PARCEL II A strip of land 6.00 feet in width lying 3.00 feet on each side of a centerline described as follows: Beginning at the hereinabove described "Point A"; thence North 10°25'05" West, 5.00 feet to the TRUE POINT OF BEGINNING of the centerline herein described; thence continuing North 10°25 '0511 West;· 31.00 feet. PARCEL III A strip of land 10.00 feet in ·width lying 5.00 feet on each side of a centerline described as follows: Beginning at a point designated as Engineer's Station 181+44.56 E.Co on Road Survey No. 1534, a plat of which is on file in the Office of the County Engineer of said Sari Diego County, said point being the Easterly terminus ·of a curve, concave Southeasterly, in the centerline of said Road Survey, having a radius of 2000.00 feet, a central angle of 23°26 1 4 9 11 and a length of 818.45 feet ; thence South 65°27'00" West al9ng a line tangent to said curve, 105.69 feet to the beginning of a tangent c urve , concave Northerly, having a radius of 1000.00 feet; thence Westerly along said curve through a central angle of 14°15'20", a distance of 248.80 feet; the nce tangent to said curve South 79°42 '20" West 680 .25 feet; thence South 10°17'40" East 6.00 feet to the TRUE POINT OF BEGINNING of the centerline herein described; thence South 79°42 1 20" West 23.85 feet ; thence South 50°38 ' 55" West 269.14 feet to the beginning of a tangent curve, concave.Northerly, having a radius of 366.00 feet; .thence Westerly along said curve through a central angle of 28°56 '00", a distance of 184.82 feet; thence tangent to said curve South 79°34 '55 " West 1035.70; thence at right angles to the preced- ing course, South 10°25'05" East 25.00 feet, to the termination of the above described easement. RESERVING to said County of San Diego, and to its successors and assigns, the right to construct, repair and main- tain roads, taxiways, runways , utilities and/or other improvements or facilities which are or which may become. necessary for the operation of Palomar Airport , a public airport owned and operated by said County.of San Diego; ALSO RESERVI~G to said County of San Diego and to its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the easement herein conveyed, together with the right to cause in said airspace such noise as may·be ~ inherent in the operation of aircraft, n ow known or h ereafter 7s used for navigation of or flight in the air, using said air- space or landing at, taking off from or operating on said Palomar Airport. Said ~arlsbad Municipal Water District by accepting \ this conveyance expressly agrees for itself, its successors and assigns, that it will not erect nor permit the erection of any structure or object nor permit the growth of any tree on the land conveyed hereunder above a mean sea level elevation of 320 feet. In the event the aforesaid convenant is breached, said County of San Diego reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object and to cut the offending tree, all of which shall be at the expense of the district. Said Carlsbad Municipal Water District by accepting this conveyance expressly agrees for itself, its successors and assigns that it will not make use of the said property in any manner which might interfere with the landing , taking off or taxiing of aircraft from said Palomar Airport or otherwise constitute an airport hazard. In the event the aforesaid covenant is breached, said County of San Diego reserves the right to enter on the land conveyed hereunder and cause the abatement of such interference at the expense of the district. Said Carlsbad Municipal water District by accepting this conveyance hereby covenants and agrees for itself, its successors and assigns that district will backfill any excavation made so as to restore the excavated material and the surface of the excavated area and the surrounding surface as nearly as prac- ticable to the original condition and will replace any fence or oiled asphalt or concrete surface in kind. IN WITNESS WHEREOF County of San Diego has caused this n ! l .. ' instrument to be executed _and i t s seal to be affixed hereto this ei -I d STATE OF CALIFORNIA) County of San Diego) DIEGO ss. On this 24th day of Febru ary , in the ye ar 19_IQ_, before me, PORTER D. CREMANS, Clerk of the Board of Supe rvis ors of the Count y of San Diego, personally appeared HENRY A. BONEY , known to me to be the Chairman of the Bo.a,rd of Supervisors of said County, and known to me to be t h e person who •.• ~ ... .,. .... r.. '• •. • ... executed · t-he wPth4._n instrument on beha l f of said County, and acknowledged to me that such County _executed the same . (SEAL j° PORTER D. CREMANS , Cl erk of the Board of Supervisors By ,~~~ Dona E . Trumble Deputy to me that .said County of San Diego e x e cuted the same purs uant to a resolution of its Board of Supervis ors . R. B . JAMES, County Clerk By _____ ~==:"'!:"'"'-------- DEPUTY {SEAL) .. ' This is to certify that the interest in real property conveyed by the Grant Deed of Easement, dated February 24 , 1970, from THE COUNTY OF SAN DIEGO, a political subdivision of the State of California, as grantor , to CARLSBAD MUNICIPAL WATE R DISTRICT, a Municipal Water District organized and existing under the Municipal Water District Act of 1911 , as amended, is hereby accepted by order of the Board of Directors of CARLSBAD MUNI- CIPAL WATER DISTRICT on March 18 , 1970, and the grantee consents to recordation thereof by its duly authorized offi cer . DATED: March 18 , 1970. CARLSBAD MUNICIPAL WATER DISTRICT t:J~ j j /i I ii r ) BY: //". L/. ~-;1.,,..,~~ ------------------w. D. CARMICHAEL Secretary of the Carlsb ad Municipal Water District and of the Board of Directors thereof .