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HomeMy WebLinkAbout; CARLTAS CO.; 88-463309; Easement%. I c ' ' mORD1NG REQUESTED 0 I,.' :b aflBwf tAF0 n:ie 93lldW.N WHEN RECORDED, PLEASE MAIL ~TH I s I NSTRUMENT TO : 1 CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 a 88-463339 ? * 2.3 r RECORDED IN- OFFlClAL RECORDS OF SAN DlEGO COUNTY, CA. 1988 SE? I, 5AM8:I: L VERA L. LYLE GOQUKIX RECOROER - NO FEE NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY d/ EASEMENT FOR PUBLIC HIGHWAY Assessor's Parcel NO. 211-040-08 & 211-040-09 Project W.O. No. CARLTAS COMPANY, a California Limited Partnership, hereinafter called GRANTOR do(es) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, its successors and assigns, an easement for public highway and public utility purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as follows: See the attached legal description designated Exhibit "A" consisting of 2 sheets and attached Acquisition Plat designated Exhibit "B", each made part hereof by reference. .. .: * % ,,' .+ * a ** e n 0 30X EXH I6 IT "A" Assessors Parcel Nos. 211-040-08, -09 All that portion of Lot 'H' of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County iiecorder of San Diego County November 16, 1896, in the City of Carl sbad, County of San Di ego, State of California, being more particularly described as follows: Beginning at a point on the easterly line of said Lot 'HI, said point being at the point of intersection with the centerline of Road Survey No. 1534, filed in the office of the County Surveyor of said County, and shown on Record of Survey Map No. 5715 filed in the office of the County Recorder, December 19, 1960; thence along the easterly line of said Lot 'H' S O"03'18" W (S O"31'16" E per Record of Survey Map No. 5715), 52.97 feet to a point on the southerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County; thence a1 ong said right-of-way S 70"46' 53" W, 80.42' (S 70"45'53"W per R.S. No. 1534) to the TRUE POINT OF BEGINNING; thence leaving said southerly line S 69"43'15" W, 391.30 feet to the beginning of a tangent curve, concave northerly and having a radius of 2,313.00 feet; thence westerly along said curve through a central angle of 22"27'14" an arc length of 906.45 feet ; thence tangent to said curve N 87"49 '31" W 1,134.49 feet to the beginning of a tangent curve concave southerly and having a radius of 2,187.00 feet; thence westerly along said curve through a central angle of 4"20'02" an arc length of 165.43 feet; thence tangent to said curve S 87"50'27" W 109.17 feet to the beginning of a tangent curve, concave northerly and having a radius of 2,313.00 feet; thence westerly along said curve through a central angle of 4"20'54" an arc length of 175.'54 feet; thence tangent to said curve N 87"48'39" W 24.15 feet to the northeast corner of Parcel 3 of Parcel Map No. 195 on file in the office of the County Recorder of said County recorded January 30, 1970; thence N 64"15'30" E 72.60 feet to the southerly right-of-way of said Road Survey No. 1534; thence along said southerly right-of-way S 87"49'31"E 1,605.96 feet to the beginning of a tangent curve, concave northerly and having a radius of 2,050.00 feet; thence DLW/se 268-01-1 (w) .347.61 Page 1 of 2 . L, . , .. -* . y' '.I /.. . 0 ' 0 30,4 easterly along said curve through a central angle of 21'23'36" (21"23'39" per Road Survey No. 1534), an arc length of 765.44' ; thence tangent to said curve N 7Oo46'53"E, 467.59 feet to the TRUE POINT OF BEGINNING. DLW/se 268-01-1(~).347.61 Page 2 of 2 .? I .. *. c F b3I C ?he-Grbntor hereby further grants to the City of Carlsbad that privilege and right to exte.nci drainage structures and excavation and embankment slopes beyond the limits of their herein described right-of-way where required for the construction and maintenance of said Publ ic Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee a1 1 trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assi.gns, hereby waives any claim for any and all damages to Grantor's remaining property by reason of this grant of easement rights and the location, construction, landscaping or maintenance of said public highway. Dated this 24th day of June , 19%. CARLTAS COMPANY tnershig B L -n STATE OF California )ss. County of Sn,., nipon I b' v 1 :On June 24 , 1988, before me, the undersigned, a Notary Publ ic in and ifor said County and State, personally appeared Paul Ecke, Jr. personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. " . ". . - Witness my hand and official seal. \ May Publtc-btiiorma Pnntcoai Mhce In # -~ I MARY ANNE MOW OFFICIAL S€M t I Mary Anne Moyer L L?A73/d Notary Public in and fopaid County and Sfate My Gnnrn. EXQ. Feb. 7.1952 San Dig0 &MY This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carl sbad, Cal ifornia pursuant to Resol ution No fg-449 adopted on &LV /7 /7Jf , and the Grantee consents to recordation thereof by its duly a6thor'ized officer. gated 7 -2~ -BY BY ALETHA 6lJ?Jz& L. RA4gK-j erk @ 0 ? ,.o 3 2 1 STATE OF CALIFORNIA } ss. COUNTY OF SAN DJFGi 1 On June 24. 1988 , befors me, the undersigned, a Notary Public in and for said State, personally appeared Paul Ecke. Jr. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed the within instrument as General partner(s), on behalf of - Carltas Cowanv. a California Limited Partnership , the partnership therein named and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. Signatur f&/l 1 cL3.c f%bfl&a I\ A " - "=X.. ......_ -\.- " OFFICIAL SWL-" ~ ' JOYCE E. MIZOCK Notary PuWb-Califomb SAN DIEGO COUNTY W PC "C' t ,~ .D -. e. 'I ".., 1. f ~*P 9 7 4 330 7 r %a G Ldm n '9, $I -& (j APN 211-OQ.O-O0 211 -04-0 -09 AREA TO SE- ACQUIKED SHOWN eai 33, W6.74-Ft z = 0.76 x-. Q :;z WcHI BIT "6" \ ACQUISITION PLAT a"-f GT= ama3?? .. CONSULTlNG ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (619) 576-9200 .':. Job N0.&&41 01987 POUNTNEY 8, nSSOClAT€S, INC Date: d\?o/d By: D. LJAM-JL ,Sheet 1 Of I Sh( 0 b ..- -0j. cv.; '.J iL/3/- '.+ t , e, > 1 *' .< i i { 4, p [I