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HomeMy WebLinkAbout; California, State of (Parks & Rec); 89-594848; Easement'" +" I' I1 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I 17 18 19 20 21 22 23 24 25 26 0 I K8Y QYY-E pg @484.8 iq% 5 d Recording Requested By: City C1 erk , City of Carl sbad 1200 Elm Avenue Carlsbad, CA 92008 f- :;y+.-:z;-.cf-: iC' 7 f gFF-::;;-;- ?;;&<lC?ZS 2 f >.%<...*.; ..iL.i ,xi ; j. +""I .,. , . .,.. - .. -: 4;. z I ."-I. , i f; c .= -.: -..:e. -4% 1' 'r' 5 :- i 8ybJ -1 h# 8: bo 9 ffi3 : iGE;p". i ; vi F ~ &"::< . $ " - .... i "B. a " t .- i I.. e.. : p-.:. ... "> <."."+-~;~><- , 7: :,. 5;.k,;-1' __i "^" When Recorded Mail To: City C1 erk, Ci ty of Carl sbad 1200 Elm Avenue Carl sbad, CA 92008 A18 I;i Space Above for Recorder 's Use AGREEMENT AND GRANT OF EASEMENT Grantee: City of Carlsbad Assessor's Parcel NO. 21 0-090-07 Project: Manzano Drive Street and Drainage Improvements Park Unit: South Carl sbad State Beach TR89 099-E THIS AGREEMENT, made and entered into by and between the STATE OF CALIFORNIA, acting through the Department of Parks and Recreation, hereinafter called State, and CITY OF CARLSBAD, a municipal corporation, hereinafter call ed Grantee. WITNESSETH: """"" That State, pursuant to the provisions of Section 501 2 of the Pub1 ic Resources Code of the State of California, hereby grants unto Grantee its successors and assigns forever, a non-excl usive easement for the construction, reconstruction, repair, operation, use, and maintenance of certain street and underground drainage improvements upon, over, under, and across that certain real property in the City of Carlsbad, County of San Diego, State of 27 DURT PAPER TATE OF CALIFORNIA TD. 113 (REV. 8-721 5 34769 California, described as follows: ,: ' x II . 0 a ,I 1 2 3 "I 1986 PARCEL 1 - Manzano Drive (Street Easement) A street being a portion of Lot H of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 823, filed in the Office of the County Recorder of said County, November 16, 1896, more particularly described as follows: 4 Beginning at the most southerly corner of Lot B of Terramar Unit No. 4, in the 5 City of Carl sbad, County of San Di ego, State of California, according to map County, October 14, 1955; 6 thereof No. 331 2, filed in the Office of the County Recorder of San Di ego 7 Thence along the southerly line of said Lot B, North 590 21 I 10" East, 105.00 feet to the most southerly corner of Lot A of Terramar Unit No. 6, in 8 County, January 27, 1959; 9 map thereof No. 4064, fi 1 ed in the Off ice of the County Recorder of San Di ego the City of Carlsbad, County of San Diego, State of California, according to 1o 12 northwesterly, with a radial bearing of South 590 21 I 10'' West, said point 11 Thence along the southerly 1 ine of said Lot A, North 590 21 I 10" East, point hereinafter referred to as Point "A"; 13 Thence along the arc of said curve, a central angle of 1380 11 I 23", '* Thence along the arc of said curve, a central angle of 480 11 I 23", 15 42.05 feet; 435.00 feet to the beginning of a nontangent 70.00 foot radius curve, concave being the common corner of said Lot A and Lot 176 of said map No. 4064, said 168.83 feet to the beginning of a 50.00 foot radius curve, concave southerly; 16 17 18 19 Thence tangent to said curve South 59* 21 ' 10" West, 365.27 feet to the beginning of a 15.00 foot radius curve, concave easterly; Thence along the arc of said curve a central angle of 900 43' 46", 23.75 feet to a point of a cusp on the arc of a 3550.00 foot radius curve. Concave northeasterly, with a radial bearing of North 580 37' 24" East, said point being on the easterly right of way 1 ine of Carl sbad Boulevard formerly State Highway XI -SD-2-B according to plan thereof; 20 21 Parcel 2 - Storm Drain Easement 22 000 43' 46", 45.19 feet to the point of beginning. with a radial bearing of South 59O 21 ' 10" West. 27 Commencing at the before-mentioned Point "A" as described in Parcel 1 being 26 particularly described as follows: 25 according to the map thereof No. 823, filed in the Office of the County 24 A 10 foot wide storm drain easement over a portion of Lot H of Rancho Agua 23 Thence a1 ong the arc of said right of way 1 ine, a central angle of Hedionda, in the City of Carlsbad, County of San Diego, State of California, Recorder of said county, November 16, 1896, the centerline of which being more the beginning of a nontangent 70.00 foot radius curve, concave northwesterly, OURT PAPER rA7E OF CALIFORNIA TD. 113 (REV. 8-72) 5 34769 2 y' ,I * a 1.1 1 9 8 '7 1 2 Thence along the arc of said curve, a central angle of 140 31 ' 34", of terminus. 3 17.75 feet to the true point of beginning; Thence radial to said curve North 730 52' 44" East, 115.00 feet to a point 4 5 This grant is made and accepted upon the following terms and 6 1 conditions: 7 11 8 1. This grant is subject to all valid and existing contracts, leases, g 1 icenses, encumbrances, and claims of title which may affect said property and 10 against the existence of any thereof. 11 the use of the word "grant" herein shall not be construed as a covenant 12 I/ 13 2. Grantee hereby waives a1 1 claims and recourse against the State for 14 herein granted. 21 premises by the Grantee or the exercise by Grantee of the rights or privileges 20 or in any way connected with or incident to the use or occupancy of said 19 brought against the State, its officers, agents, and employees arising out of 18 employees against any and all claims, demands, or causes of action that may be 17 indemnify, save harm1 ess, and defend the State, its officers, agents, and 16 way connected with or incident to this agreement. Grantee agrees to 15 loss or damage to persons or property arising from, growing out of, or in any 22 23 3. State expressly reserves the right to the use of said property in 24 they were prior to excavation as practicable. 27 shall restore surface and any improvement thereon to as near the condition as 26 the easement herein granted. Grantee when making any excavation for Parcel 2 25 any manner, provided such use does not unreasonably interfere with the use of 5URT PAPER IATE OF CALIFORNIA TD. 113 IREV. 8-72] /I 5 34769 I/ 3 :.. , .. .. -. . *- t, I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I OURT PAPER TATE OF CALIFORNIA TD. 113 (REV. 6.721 5 34769 I e 0 ?> P I988 4. State expressly reserves the right to require Grantee, at the expense of State, to remove and relocate all improvements placed by Grantee within the easement upon determination by State that said improvements interfere with the future development of State's property. Grantee agrees that within one hundred eighty (180) days after written notice from State of such determination by State and demand for removal and relocation of said improvements, Grantee shall remove and relocate said improvements to a feasible location on the property of the State, and State shall furnish Grantee with a good and sufficient similar easement for said improvements in such new location, and Grantee thereupon shall reconvey to State the easement herei n granted. 5. This agreement and the rights and privileges herein given Grantee shall terminate in the event that Grantee shall fail for a continuous period of one (1 ) year to uti1 ize the rights and privileges herein granted. ~ 6. In the event of the termination of this agreement, Grantee shall, at Grantee's own expense, when requested in writing to do so by State, remove all property and equipment placed by or for Grantee, upon the said premises and restore said premises as nearly as possible to the same state and condition they were in prior to the entry of Grantee upon said premises; but if Grantee shall fail so to do within sixty (60) days after the aforesaid request is given, State may do so, all at the cost and expense of Grantee to be paid by Grantee on demand. Upon termination of the rights herein granted, Grantee shall executc and deliver to State within thirty (30) days, a good and sufficient quitclaim deed to the rights arising hereunder. ~ I ~ 4 t" . 1) 0 :.I :I 9 8 g b ~ I :' ! 1 'I 7. Grantee, in the exercise of the rights herein granted, shall at all 2 ~~ times comply with all applicable 1 aws and 1 awful regulations. I 3~ 4. 5 ;I Dated ade ,zz. fly9 . 61 7 '1 8 :j 9 .: GRANTEE: ': CITY OF CARLSBAD, A i 10 j/ MUNICIPAL CORPORATION 11 1: 12 I .j B 13 ;j 1: 14 ;: By h 15 i: ALETHA L. RAuTdLiz- 16 " 17 I 18 /. jj 19 j: 20 I) 21 , STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION HENRY R. AGONIA, DIRECTOR B uu i" .... __ . , . ... ~."J. .^- ,.~,._-.."~...-~_,-_ :; .. ,. -. L. , ... --. , I "I - . ', '. - ,. ',.'; !. 1 2 1, m. I - ., .i .. I ~. i .i,.: . .;.;.,. ;., c2:;::,'L.: i:;,LS \ $"-&x 9 4$ $@ / : >'.,4 >n"! r,.-+ c":"mp i ,,,:: .._ -..,.( ". ,,.. -..., I . : cy-.- .,.(: ,,>,L."d.::- _I/._." __ , (.. .,.,. ^, .'.,;.-,:<i.:.! ;>.,9,il c. *:d ~",,,"~~ 22 23 ;; 24 ~ 25 ~ I 26 ; Y-15784 27 3U RT PAPER m. 113 (REV. 8-72) /t rATE OF CALIFORNIA 5 34769 I/ 5 L ’” e a :? ‘1991 CERTIFICATION FOR ACCEPTANCE OF EASEMENT This is to certify that the interest in real property . conveyed by. the easement dated June 12, 1989 from The State of California Departmenr of Parks and ‘Recreation to the City oE Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursuant to resolution No. 89-123 , adopted on - April 18, 1989 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED : October 20, 1989 By :& ,/ flfidm ALETI-IA L. RAUTENKPANZ , ‘City 0 e *=-&&% * . jv’&>/Ff .’ .. -. _, 7, ’ - I. -. , ,* e a P 1990 STATE OF CALIFORNIA ) COUNTY OF SACRAMENTO ) 1 SS c, On thisaLLkday of ,Jme , in the year of 19 ff before me, Susan P. Harrington, a Notary Public in the State ofdalifornia, duly commissioned and sworn, personally appeared HENRY R, AGONIA, known to me to be the Director of Parks and Recreation of the State of California and acknowledged to me that he executed the within instrument in the name of and on behalf of the State of Cal if orni a . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said county, the day and year first written above. _1_ A 1 .. .. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) . ' ) ss. On June 12, 1989 , before me the undersigned, a Notary Public in and for said State, personnally appeared Claude A. Lewis of the City of Carlsbad, a Municipal Corporation of the State of Califc known to me to be the personswho executed the within instrument on belzz of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. and Aletha L. Rautenkranz , known to me to be the Mayor and City Clerk WITNESS my hand the the official seal. ,, , ,.. i ,,( , ,:' . ,,, f: 2: z;: * *;x 2; :;: x< ::: ::: .i; 9: .:< ;< ,:< :j: ;i: ::: :g :; :< <: i :. /:;?:.& 2,' . . ."-%:+ .,:..7!l\ 4. . ~- ,Y. S;.,?< i'ic_so COUNTY * ;~: ,,< >. $6 + ,;< :; t:: :;: :,< g ;;< 2: t,. :,; __ :,: ii. . ,, i :,: 9: ::: :p 3 :< :i 8 :: a2 &:.,ci,*.r. s;TA;, a :. ,&:' *>'..>>, K&,.?W;< E, KUWrJTZ i ;j .. \'~~"'%?::+, +y :u;;i,',:.Y :LSLIC-CALIFORNIA 2 rily Cnm:- :X.> Scpt 27. 1989 zi 422 .f.