HomeMy WebLinkAbout; ; 1994-0062532; EasementWHEN RECORDED, PLEASE
THIS* INSTRUMENT TO:
CITY CLERK
CITY OF CARLSBAD
1200 Carlsbad Village Drive
CARLSBAD, CA 92008
RECORDING REQUESTED BY
ENGINEERING DEPARTMENT
1668
QiC 1 1994-0062532"
27-JAN-1994 01=25 PH
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES: 0.00
NO TRANSFER TAX DUE NO RECORDING FEE REQUIRED:
THIS DOCUMENT EXEMPT FROM FEE
PURSUANT TO SECTION 6103 OF
CALIFORNIA GOVERNMENT CODE
RIGHT OF ENTRY PERMIT
Assessor's
Parcel
No: APN 214-150-21
Project: Poinsettia Lane & 1-5 Interchange Widening
Parcel No.: R/W 05TMM
PERMITOR: TMM Realty Services, a California corporation
PERMITEE: CITY OF CARLSBAD, a Municipal Corporation
The Permitor hereby grants permission to the City of Carlsbad and its designees, agents, employees, contractors, and authorized
representatives to enter upon the hereinafter described real property for the purpose of constructing and maintaining highway
improvements and related appurtenances over, under, along, through and across the herenafter described property, together with
the right to assign this permit to other public agencies.
The real property referred to hereinabove and made subject to said Right Of Entry Permit by this grant is situated in the City of
Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit "A" and as shown
on the attached Exhibit "B".
This Right of Entry Permit is granted with the acknowledgment that the permitor has accepted the fair market value offer of
$9,000 and that an escrow will be opened by Permitee with Commonwealth Land Title Company, San Diego office, immediately
upon execution and delivery of this Right Of Entry Permit. Permitor agrees to convey by Grant Deed Parcel "A" as described in
Exhibit "A" and convey by Easement Deed Parcel "B" (Slope Easement) as described in Exhibit "A" to the City of Carlsbad. The
$9,000 consideration will be paid through said escrow and all escrow fees, including the cost of a policy title insurance, will be
paid by Permitee.
It is understood and agreed that the Permitor shall not be held liable for any damage to equipment or injury to personnel of said
Permitee, its agent(s), contractor(s), or employees resulting from the Permitee's use of said real property. It is also understood that
the Permitee agrees to indemnify, defend and hold the Permitor, its affiliates, employees, agents, successors and assigns, harmless
against any and all damage, cost and liability imposed or claimed, including attorneys' fees and other expenses, arising directly or
indirectly from any act or failure of the Permitee or Permitee's agent(s) contractors), or employees to act, including all claims
related to the injury or death of any person or damage to any property resulting from the Permitee's negligent use of said real
property.
Except for the land described in Exhibit "A" and as shown on Exhibit "B", the Permitee agrees that it shall be responsible for the
restoration of the contiguous premises to the condition existing prior to entry, as nearly as possible. If any existing landscape and
related irrigation system is damaged, it will be replaced in-kind. Any damage to existing improvements will be repaired in a
manner comparable to its existing condition.
(MacFARLANE & ASSOCIATES)(carlsbad\poins&i5\clocument\ROEPTMM) 10/25/93
The undersigned Permitor agrees to sigi, ~row instructions and deliver an executed gra ieed and slope easement deed to
escrow upon receiving the documents from said escrow. The Permittee shall deliver the necessary funds to said escrow upon
receiving a demand for same. Title to said property shall be delivered free and clear of any and all liens and encumbrances
except for those that the City of Carlsbad agrees to accept.
It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Right Of Entry Permit, the right of
possession and use of the subject property by the City of Carlsbad, including the right to remove and dispose of improvements,
shall commence on November 17, 1993, or the close of escrow controlling this transaction, whichever occurs first, and that the
payment of $9,000 includes, but is not limited to, full payment for such possession and use, including damages, if any, from said
date.
This Right of Entry Permit shall remain in force for the period of time described below and be binding upon the permitor's heirs,
assigns, and successors. The Permitee is hereby authorized to record this Right of Entry Permit with the County Recorder of the
County of San Diego, California. THIS RIGHT OF ENTRY PERMIT SHALL TERMINATE UPON THE RECORDATION OF
THE ABOVE REFERENCED CONVEYANCE DOCUMENTS.
This permit was executed this day of 1993.
TMM Realty Services, a California corporation
XNOTARY JURAT)
STATE OF CALIFORNIA
COUNTY OF |ML»- dw>fAji<t.
/I . M j» >-i
On
personally appeared
}ss.
before me,
personally known to me (01 piuvcd-lo
me on the bacis of satisfactory cvidciiM.) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/th|y q'miaijira^ cm .the instrument
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
OFFICIAL SEAL
MAMA E. RAFAEL
Notary Pubic-California
LOS ANGELES COUNTY
My Commtaton ExpiresNovember o. 1993
(This area for official notarial seal)
THIS IS TO CERTIFY that the terms and conditions and limited interest in real property granted by this instrument to
the CITY OF CARLSBAD, a Municipal corporation, is hereby accepted on behalf of the City Council of said City of
Carlsbad pursuant to authority conferred by Resolution No. 93-118 ,adopted on
April 27. , 1993.
DATED": f\ January 1, 199%-
)E A. LEWIS
MAYOR, CITY OF CARLSBAD
(MacFARLANE & ASSOCIATES)(carlsbad\poins&i5\document\ROEPTMM) 10/25/93
1670
EXHIBIT "A"
A PORTION OF PARCEL 2 DESCRIBED IN DEED RECORDED JANUARY 9, 1973 AS F/N 73-
006848 OF OFFICIAL RECORDS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA.
PARCEL "A"
THAT PORTION OF SAID PARCEL 2 LYING NORTHERLY OF THE NORTHERLY LINE OF
PARCEL "C" AS DESCRIBED IN THE DEED RECORDED MAY 18, 1984 AS F/N 84-186516
AND LYING SOUTHERLY, EASTERLY, SOUTHEASTERLY OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE CENTERLINE INTERSECTION OF AVENUE AVENIDA ENCINAS AND
POINSETTIA LANE AS SHOWN ON PARCEL MAP 14028, FILED NOVEMBER 18, 1985 AS F/N
85-434716; THENCE NORTH 13°01'21" WEST 1.46 FEET (NORTH 13°43'30" WEST 1.46 FEET
PER SAID PARCEL MAP 14028) TO THE BEGINNING OF A CURVE, AS SHOWN ON SAID
PARCEL MAP, CONCAVE EASTERLY, HAVING A RADIUS OF 500.00 FEET; THENCE
NORTHERLY ALONG SAID CURVE 133.48 FEET THROUGH A CENTRAL ANGLE OF
15° 17'45" TO THE POINT OF BEGINNING THROUGH WHICH A RADIAL LINE BEARS NORTH
87°43'36" WEST; THENCE NORTH 87°43'36" WEST 42.00 FEET ALONG PROLONGATION
OF SAID RADIAL LINE TO THE BEGINNING OF A NON-TANGENT CURVE THROUGH WHICH
A RADIAL LINE BEARS NORTH 87°43'36" WEST, CONCAVE EASTERLY, HAVING A RADIUS
OF 542.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE 33.50 FEET THROUGH A
CENTRAL ANGLE OF 3°32'27"; THENCE SOUTH 40°29'48" WEST 33.70 FEET; THENCE
PAGE 1 OF 4
1671
SOUTH 76°54'40" WEST 298.51 FEET; THENCE SOUTH 13°05'20" EAST 11.81 FEET MORE
OR LESS TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF SAID PARCEL
"C" AND BEING THE POINT OF TERMINUS.
THE AREA OF THIS PARCEL "A" IS 6,566 SQUARE FEET, MORE OR LESS.
PARCEL "B"
THAT PORTION OF SAID PARCEL 2-LYING NORTHERLY OF THE NORTHERLY LINE OF
PARCEL "C" AND SLOPE EASEMENT NO. 3 AS DESCRIBED IN THE DEED RECORDED
MAY 18, 1984 AS F/N 84-186516 AND LYING SOUTHERLY, EASTERLY, SOUTHEASTERLY
OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE CENTERLINE INTERSECTION OF AVENUE AVENIDA ENCINAS AND
POINSETTIA LANE AS SHOWN ON PARCEL MAP 14028, FILED NOVEMBER 18, 1985 AS F/N
85-434716; THENCE NORTH 13°01'21" WEST 1.46 FEET (NORTH 13°43'30" WEST 1.46 FEET
PER SAID PARCEL MAP 14028) TO THE BEGINNING OF A CURVE, AS SHOWN ON SAID
PARCEL MAP, CONCAVE EASTERLY, HAVING A RADIUS OF 500.00 FEET; THENCE
NORTHERLY ALONG SAID CURVE 133.48 FEET THROUGH A CENTRAL ANGLE OF
15° 17'45" TO THE POINT OF BEGINNING THROUGH WHICH A RADIAL LINE BEARS NORTH
87°43'36" WEST; THENCE NORTH 87°43'36" WEST 42.00 FEET ALONG PROLONGATION
OF SAID RADIAL LINE TO THE BEGINNING OF A NON-TANGENT CURVE THROUGH WHICH
A RADIAL LINE BEARS NORTH 87°43'36" WEST, CONCAVE EASTERLY, HAVING A RADIUS
OF 542.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE 33.50 FEET THROUGH A
CENTRAL ANGLE OF 3°32'27"; THENCE SOUTH 76°54'40" WEST 521.58 FEET TO THE
PAGE 2 OF 4
***%- - ""*"* -
1672
POINT OF INTERSECTION WITH THE NORTHERLY LINE OF SAID SLOPE EASEMENT NO. 3
AND BEING THE POINT OF TERMINUS.
EXCEPTING THEREFROM A PORTION OF SAID PARCEL 2 LYING SOUTHERLY, EASTERLY,
SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE CENTERLINE INTERSECTION OF AVENUE AVENIDA ENCINAS AND
POINSETTIA LANE AS SHOWN ON PARCEL MAP 14028, FILED NOVEMBER 18, 1985 AS F/N
85-434716; THENCE NORTH 13°01'21." WEST 1.46 FEET (NORTH 13°43'30" WEST 1.46 FEET
PER SAID PARCEL MAP 14028) TO THE BEGINNING OF A CURVE, AS SHOWN ON SAID
MAP, CONCAVE EASTERLY, HAVING A RADIUS OF 500.00 FEET; THENCE NORTHERLY
ALONG SAID CURVE 133.48 FEET THROUGH A CENTRAL ANGLE OF 15°17'45" TO THE
POINT OF BEGINNING THROUGH WHICH A RADIAL LINE BEARS NORTH 87°43'36" WEST;
THENCE NORTH 87°43'36" WEST 42.00 FEET ALONG PROLONGATION OF SAID RADIAL
LINE TO THE BEGINNING OF A NON-TANGENT CURVE THROUGH WHICH A RADIAL LINE
BEARS NORTH 87°43'36" WEST, CONCAVE EASTERLY, HAVING A RADIUS OF 542.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE 33.50 FEET THROUGH A CENTRAL ANGLE OF
3°32'27"; THENCE SOUTH 40°29'48" WEST 33.70 FEET; THENCE SOUTH 76°54'40" WEST
298.51 FEET; THENCE SOUTH 13°05'20" EAST 11.81 FEET MORE OR LESS TO THE POINT
OF INTERSECTION WITH THE NORTHERLY LINE OF SAID PARCEL "C" AND BEING THE
POINT OF TERMINUS.
THE AREA OF THIS PARCEL "B" IS 7,827 SQUARE FEET, MORE OR LESS.
PAGE 3 OF 4
73
BASIS OF BEARINGS
BEARINGS ARE BASED ON CALIFORNIA COORDINATE SYSTEM, ZONE 6 AND BASED ON
TWO MONUMENTS AS SHOWN ON CALTRANS RWLO 3760-3767 M.S. 775 ARE DESCRIBED
AS FOLLOWS:
(1) MONUMENT 5-45.6A, L&T W/CDH TAG (2) MONUMENT 5-47.0, L&T IN BRIDGE CURB
NORTH 342, 418.20' NORTH 349, 338.84'
EAST 1, 675, 396.66' . EAST 1, 671,920.76'
THIS INFORMATION IS SHOWN ON SHEETS 8 AND 11 OF ABOVE MENTIONED MAPS. ALL
DISTANCES SHOWN ARE GROUND DISTANCES.
SD-Cl7-300-58/LDPOINT.DOC/KLW/erm/051893
PAGE 4 OF 4 BEST
COPY
LEGEND
Rl
R2
R3
RECORD INFORMATION
PER MAP NO. 10899 FILED ON APRIL II, 1984 AS F/N 8-4-132299
PER DEED RECORDED UAY 18. 1984 AS F/N 84-186516.
PER PARCEL MAP NO. 14028 FILED NOV. 18. 1985 AS F/N 85-434716
PARCEL 'A'
AREA* 6566 SQ. FT. i
PARCEL 'B'
AREA- 7827 SQ. FT. t
N87-43'36'W (RAO)
42.00'
P.O.C.
P. 0. B.
P.O.T.
POINT OF COMMENCEMENT
POINT OF BEGINNING
POINT OF TERMINUS
NORTHERLY LINE OF EXISTING
SLOPE EASEMENT NO 3 PER
A = 3'32'27'
R = 542.00'
L = 33.50'
SCALE« 1' =60'
0 60 120 180
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EXHIBIT "B"
PITY OF TARi ^RAH
POINSETTIA LANE
LANDS AND RIGHTS OF WAY
A.P.N. 214-150-21 . WTlf nWOTHM COWOtiHOK P^TMQ 5
C.L.T. INS. CO. LIT. GUAR. NO. 947076.6 „„ rr^,ov „ vm 7nn I ^ = '
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