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HomeMy WebLinkAbout; CARLTAS CO.; 88-463312; Easement*; + -.: . mQRDING REQUE c .. umw wo nm COY I. . .( 2 '0 .$ 4) 4 4 88-463322 t- '6 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE r- RECORDED IN- OFFICIAL RECORDS OF SAM DiEGO COUNTY, CA, I I988 S E? I SAM&[ L VERA L. LYLE @"iTI RECORGER q_ w FEE 1 SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT TEMPORARY ROAD CONSTRUCTION (DETOUR) Assessor's Parcel NO. 211-040-08, 09 Project CARLTAS COMPANY, a California Limited Partnership, hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and release unto CITY OF CARLSBAD, a municipal corporation of the State of California, herein designated Grantee, its successors and assigns, a temporary easement and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction and inspection of a temporary public highway and all structures incidental thereto, together with the right to remove buildings, structures, trees, bushes, undergrowth, and any other obstruction interfering with the use of said easement and right-of-way by the Grantee, its successors or assigns. It is expressly understood between both Grantor(s) and Grantee that this temporary easement shall ' terminate upon the completion and acceptance by Grantee of permanent pub1 ic highway improvements within the right-of-way of that certain portion of Palomar Airport Road immediately adjoining said temporary easement to the North. It is further understood, that upon completion of said permanent public highway improvements, Grantee shall , at no cost to Grantor, completely remove and dispose of all asphalt pavement instal led by Grantee above or below the surface of the ground. The real property referred to hereinabove and made subject to said easement and right-of-way by this grant is situated in the City of Carlsbad, County of San Diego, State of California, and is particularly described as follows: See the attached legal description designated Exhibit "A", consisting of 1 sheet, and the attached Acquisition Plats, designated Exhibit "B", consisting of 1 sheet, each made a part hereof by reference. u (& 'I , " %e . *. - ,\ .,' 0 0 5 0 45 EXHIBIT "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 Recorder of San Diego County November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at 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 along the northerly prolongation of the east line of said Parcel 3, MZ010'50"E 34.11 feet to the southerly right-of-way of Road Survey No. 1534, 100 feet wide, filed in the office of the County Surveyor of said County; thence along said southerly right-of-way S87O49'31"E 1,670.06 feet to the beginning of a tangent curve, concave northerly and having a radius of 2,050.00 feet; thence easterly along said curve through a central angle of 6"28'51", an arc length of 231.88 feet; thence leaving said curve, S7O"OO'OO"W 562.10 feet; thence N89O13'00W 550.00 feet; thence N75"43'00"W 850.00 feet to the point of BEGINNING. DLW/skg 268-01-1 (w) ,370.19 Page 1 of 1 .i . I" ..' e TO* *. * The Gr'antee shall have the right to fence a1 1 or any portion of said easement . herein conveyed. The Grantee, it successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the above described works of improvement until removed. There is reserved to the Grantor, his successors and assigns, the right and privilege to use the above described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. The Grantor hereby fur may hereafter grow), including the right to ther grants to Grantee all trees, growths (growing or that and road building materials within said right-of-way, 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 h i g h.way. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the 1 ocation, construct ion, 1 andscapi ng- - or maintenance of said highway. .. Executed this 24th day of June , 1988. CARLTAS COm%Y bjr : U / .P I STATE OF California )ss. ' On June 24 , 1988, before me, the undersigned, a Notary Public in County of San Diego 1 . and for said County and State, pFsonally appeared P=llll FrkP .Tr 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 acknqwledged to me that he/she/they executed the same. Witness my hand and official seal. - 1 t &B!& ,,.n,, OF " - L FICIAL SUL ! mnn~ ANNE MOYER ~aary PuMlc-Caliornia Pnntcpai Omce m My Cornm. Exp. FED. 7.182 AL"q&/ Marv Anne Mover San Olego CwmV Notary Public in and for $id County and State i .. "... This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. &y-~.Slp adopted on [Y , and the Grantee consents to recordation thereof by its duly duthofized officer. 7 Dated 7-4 Q -8f By aeexx, &?&&&- ALETHA L. RAUTENKRANZ, City C14rk 7 :o 41 1 STATE OF CALIFORNIA } ss. COUNTY OF ;} On June 24, 1988 , before me, the undersigned, a Notary Public in and for said State, personally appeared Paul Ecke, Jr. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed the within instrument as General partner(s), on behalf of - C2rl t.nn C nv- R C.nllfnrn1n T,~rnlt~d P2rt.nprsh1nI the partnership thereinTaGed and acknowledged to m’e that the partnership .. - executed it. WITNESS my hand and official seal. ’ en,??- Signature &LU - - “L “.. 2 ”.”_ --;C-c OFFIClAL SEAL JOYCE E. MlZOCK Notary PubIiGCelifomia SAN DIEGO COUNTY ~ ~ .~. ,* 1 \. .. . X# , Pl. .,4* <?'<' a 7 0 48 I. ' PK€p TO BE pmvlPE13 %HOWhI lzzzzzm hPl\l 21 I-Ow-00 1 04 TpuE POlQ OF 0~lNNIhb -F'LY LNE, rnPEL3, m 1% W5T cOpr\lEP, I I ~APCEL 3, PM 145, . . M EXHIESIT't5' @ -. . . - . , CIW OF CAEL5l3AV ASSOCIATES ACQUISITION PLAT 1 CONSULTlNG ENGINEERS EMr~mvy fG!!17 maRucnohl WWI 4455 MURPHY CANYON ROAD, Sum 200 SAN DIEGO, CA 92723 (619) 576-9200 Job No. 26 8-01- i 01987 POUNTNEY d ASSOCIATES, INC Date: 9/30/87 By: 0. wp,/-/L Sheet 1 Of 1 Shee ~~~~~ .. e *Cv&+J 1 * .'* '>' ".$ cz. / 3 /e ';r, A D