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Home My WebLink About; |CITRON & FRANK JR. & FAWCO|FAWCO & CITRON & FRANK JR.|FRANK, JR. & CITRON & FAWCO|; 207382; Easementqr I c ti nraq:aus IYU KL I u KIY ~y : CITY CLERK, City of Carlsbad 1200 'Elm Avenue 7 COMPUTED ON SALE PRICK @F F,RC)PERTY CONVEYED, Carlsbad, California v *b w d@' 30W*dENTARY TRANSFER TAX F.........................,,...,;ii..,n % _. - ' .O,','@:jii.~; 3rd Li.l?l v.6~:. 1. is .& EfJCl EASEMENT FOR VALUABLE CONSIDERA TION, receipt whereof is hereby acknowledged, FAWCO, Bernard Citron, Harry J. L. Frank, Jr., the GrantoSs, do hereby grant to the City of Carlsbad, the Grantee, a right-of-way easement described as follows: .~ (Attached Exhibit ITAff) It bs understood and agreed by the parties hereto that the easement herein described is granted as a perpetual easement for the sole purpose of erecting,. constructing, reconstructing, replacing, repairing, maintaining and *+crating a water line below the surface of the land which is the subject of this grant, together with the right 50 CIeiYg and keep clear said right-of-way from buildings, structures, trees and brush, and any similar surface or subsurface encroachment which may interfere with reasonable and proper use of the right-of-way easement. , The Grantors and successors in estate.of the aforesaid lands hereby agree to neither permit nor ere& nor construct any buildings or structure, plant any tree, or otherwise create or permit any encroachment which may interfere with reasonable and proper use of the said right-of-way easement by the Grantee, except that Grantors for themselves and their successors in estate specifically reserve the right to construct an asphalt, gravel or other improved road and to vary the grade over and adjacent to said right-of -way easement. .. .. . Grantee, as a condition to the grant of the easement herein contained agrees to , repair, replace and restore any and all slides or dislocations of, and/or damage to soil, drainage, facilities, irrigation installations, and plantings and other landscaping caused by Grantee's use of such easement on and under that certain slope at the noi%ern end of the easement, which slope is referred to in the "Agreement", by and between Grantors, The May Department Stores Co. and Plaza Camino Real, a Limited Partnership, dated as of April 20, 1966, and recorded in Series 7, Book 1966 of the official records of San Diego County, California. The aforementioned obligation of Grantee with regard to said slope shall specifically include, without limitation, the obligation to not cause a change in the existing amount, flow rate and direction of -st.o.r.m-and-d.r.a.ina.g-e-w.a.ter-r-ec.e,i~-ed-b~-~e-ad_ja~~eal-p.r-o.p~r-t~--s.i~ua.~d a.Lthe2 northern end of the easement granted herein c?~~~~d~~~~~,~.a~~c3;.!~s use this easement. Grantee specifically further agrees that any and all repairs, replacements and installations required hereunder shall be underaken by Grantee solely at Grantee's expens e. .. . _. d have executed these presents this 2.34 ". - STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) ss. CITY CLERK, City of Carlsba 'L3 , 1971, before me, the 1200 Elm Avenue Public in and for said County Carlsbad, California '92008 ppeared Bernard Citron and Harry J. L. Frank, Jr., known to me to be the persons THIS SPACE FOR RE,CORDE,Rl whose names are subscribed to the within instrument, USE ,aiUaty -ex andIrState1, I LOS AwxLr? ~.'III~TT My Commission Expires Dac. 23, 15372 - Documentary Transfer T?~xi~~,~~,l~~~~~~~~~~""~~.-~ 72@ - Computed on Full Value of Property conveyed, d on Full Value less Liens and ces Remai ~ .""... ~ _._. -,,- .* "__ t ,. . .. _. . '. e., I. 'i +- .# .;, .< 1 ,d v v ~ .. ~. ~ ~ . ,- 6 r .. - . . .I" . - . . . . . _.. ~. c EXUIRIT "A" All that portion of the west half of the northwest quartt ' , ---"and-.of.--the .north~~est--.quarter of the southwest quarter of Sect: in the City of Carlsbad, ,County of San Diego, State..o€ Calif01 -+yA;mn XTo-:A:?- , 32, Township 11 South, Ranqe 4 %est, Sar, Berp .L-u-A:v L'lUL lUlUL1, .. .. according to official plat thereof, described as follows: Commencing at the southwest corner of the northwest quart of the southwest quarter of said Section 32; Thence north alor cyAe s-,es'i _. Lliis of sitia .- sec.Llc ,.n, a distance of ",-* Z/L%,23 feet to .ti TRUE POINT OF BEG.I1VPJING, being the southwest corner of the .la1 described in deed to William S, Bartman, et al, recorded June "1959 as Document No. 118698 of official records; Thence east z the south line thereof, 990,OO feet to the southeast corner ol said land; Thence north parallel with said west line to the .- southerly line of the land described in deed to Plaza Camino I .Thence along the southerly line of said land, deed record ,Sout 77O 15 * 51" West to an angle point and west to the west line c ' said section; Thence south along said line to the TRUE POIm C BEG IECNING .. recorded June 12, 1969 as Document ?To. 105077 of official recc That is contained within a strip of land 15 feet in widtk being 7.5 feet in width on each side of the following describe centerlinei Beginning at a point on the southerly boundary of the abc S.p..rrF%:e? pc-Ttjcn of S?.j-.? Sect+-.$n '22; c:y:s.t is 7.55 fcet cz,etc:: o'f the westerly boundarl;. of said. above described portion of said Section 32; Thence from said point of beginning North Oo 07' 55" East a distance of 475-70 feet along a line that is parallel with a 7-5 feet easterly of the easterly boundary of Lot 12 of Hosp . ' Eucalyptus Forest Company's Tract No, I, according to map ther No, 1136, filed in the office of the County Recorder of Sa Di .County June 5,, 1908, and the northerly prolongation thereof; Thence North 72O 15' 35" East, a distance of 632.12 feet; Thence North 69O 09' 45" East, a distance of 767.03 feet to a point from which the iptersection of the centerlines of El. Camino Real and Marron Road as shown on. Parcel Map No. 184, recorded in the office of County Recorder of said County, bear ' North 63" 18' 50" East, a distance of 117.00 feet; . ..~. ... ~-. .- ..". .. 30 - . r .\ "._, C" 1.4 [b CQ ..Il"T ~~c&&$g$ s AH 3 I ?J$@-g!jg:$$$ .. ,.'. . f.l&.g.@.y F*& ;?,g@$@,$ .- >,. ., -, 1 c, .A b m F \j y)& +3&r .. jss; d !i, CERTIFICATE OF ACCEPTANCE ii i his is to certify that the interest in real property conveyed by the deed or grant dated & &a, [97/ from to the City of Carlsbad California, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent or! behalf of the City Council of the City of Carlsbad, Calif~rnia, pursuant to authority conferred- 'by Resolution #I537 of the City ,>o,f Carlsbad adopted on July 2, 1968, :an2 the granfiee consents to the -$$cordation thereof by its duly authori'z'cd: yy&&2,g+ ffi i . b-J&&) Ay kd" $- aa 7%&&&,& ..# !..t-._,. I ARQA T 2:"' .. . , " ApAf;S. .- .Ci y Clerk Y ', 7/-3/7/ DATED: - ~ ".~" ~~ TO 442 C (Partnership) I STATE OF CALIFORNIA 'r c S_ANGELES 1 COUNTY OF, Lo ) ss. hA"+ 1/3 t On: Fred A. Bartman. Jr. and Wllllam S. Raxtman .. W - L w X W known to me 2 to be the Partners of the partners of the partnership - 2 that executed the within instrument, and acknowledged to me ~~~~~~~~,~~~~~~~~ m that such partnership executed the same. :* s. Lyc"i;E.$ 5:<,t -1 f :: - ?f'' f";,; $\t:i?-"'".w ' % _. , i, .;. ;:>Tyi>'?,q . h :1 ~- .' r, , ,; , < :. 7.y '? ,; i :.: i. \ : ! ; ' ," :. .\\,. ,; .:,.,<;,;I ic:s p,,2<::-;: _. ~. . . ' ,,>.ij ccrnz;ss.an 2;:r;jrfS [!is. 24 w x+./ d~ I .. Name (Typed or Printed) ."d, .; ..,.., . I . , ":-':~...;;, ,~ ,;, ,, c , ,;* :;" .:~!~~~~,~.~~~~~~~~:~;~~~,~~~: : >>A,: , .A. .. (This area for official notarial seal) ~~ . .~