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HomeMy WebLinkAbout; ECKE, PAUL; 88-463304; Easement, ',e . RECORDING REQU€STED B % /- , . . &y;$? Lt:,j;J G1i.E aj?&y$iy '0 "< 2395 0 $8-463304 1% & ' WEN RECORDED, PLEASE MAIL a THIS INSTRUMENT TO: I pgg%!%Z---I OF SAN DIEGO COUNTY, CA* 1 CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 L 1988 S E? 1 'iAM8:oD VERA L. L%- COUNIX RECORD NO FEE NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER 'S USE ONLY EASEMENT FOR PUBLIC HIGHWAY Assessor's Parcel NO, 212-041-05 Project W.O. No. Paul Ecke, Sr,, Trustee of the Paul Ecke, Sr,, Trust dated September 8, 1983, 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 attached legal description designated Exhibit "A" and attached Acquisition Plat designated Exhibit "B", each made a part hereof by reference. -i/ {r-) \ \"'8 .& . L J " z 2396. ' The' Gfantor hereby further grants to the City of Carl sbad that privilege and right to extend 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 Pub1 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 all 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 assigns, 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 27th day of June 1 19gg. Ad &A. Paul Ecke, Sr., Trustee, UTA dated 9/8/83 STATE OF CAT,- )SS. County of SAN DIEGO 1 On Time 27: for said County and State, persona ly appeared Paul E&e, Sr., ' 199 before me, the undersigned, a Notary Public in and in his capacity as Trustee, 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. . bw-@0M) 'Notary Phbllc In and fcJr said County and State ~--"--""--"-? OFFICIAL SEAL JOYCE E. MlZOCK Notary PublicCalifornia SAN DIEGO COUNTY 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. Jf#a49 adopted on Jo~,y /9, /g4/ , and the Grantee consents to recordation thereof by its duly duthori'zed officer. Dated 7-ao -8-r- BY ALMR*&E$R*&k * *\I , ., -- .. +* a 0 .: $2, 0 <' n*+ 3 .* .. . . ,, ., . E XH IB IT "A" LEGAL DESCRIPTION Assessors Parcel No. 212-041-05 A1 1 that portion of Lot 'G' of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego County, November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at the most southwesterly corner of Parcel 1 of Parcel Map No. 6331 filed in the office of the County Recorder of, said County, September 8, 1977, said point also being on the centerline of Palomar Airport Road according to Road Survey No. 1534 on file in the office of the County Surveyor of said County; thence along the westerly line of said Parcel 1, N 3"17'16" W (N 3'18'34" W per Parcel Map No. 6331), 52.00 feet to the TRUE POINT OF BEGINNING; thence continuing along the westerly line of said Parcel 1, N 3'17'16" GI (N 3'18'34" W per Parcel Map No. 6331), 41.61 feet; thence leaving said westerly line, S 69'43'15'' W, 630.49 feet to the westerly line of said Lot 'G' as shown on Record of Survey Map No. 5715 filed in the office of the County Recorder of said County, December 19, 1960; thence along the westerly line of said Lot 'GI, S 0'03'18'' W (S 0'31'16" E per Record of Survey Map No. 5715), 30.02 feet to the northerly right-of-way line of said Road Survey No. 1534; thence along the northerly right-of-way line of said Road Survey No. 1534, N 70'46'53" E (N 70'12'37'' E per Record of Survey Map No. 5715), 628.87 feet to the TRUE POINT OF BEGINNING. .. DLW/1 cd 268-01-1(~).300.35 1- -c - . c ..$ - ' . I. c C' L 9 7 2338 \ S 0" 03' l0"W 30.02' WEST €42 LY UNE LOT " G" MAP NO. 023 A.P. !q. GIG 04-1 45 j=) gF{- J jgb1 m-r I' 5'' FLWIC,!-JO AGUA rlcDJCM$\ Ir' MAP blo, 023 " - @ -. " \. - .. * 0-, 't-: ' 9 "-. SOUTHWESTEPLY CORNEK PARCEL 1 , P.M. 6331 WE5lEPLY LINE PARCEL 1, P.M. 6331 N 3" 17' 16" W 52.00 ( N 3" 16'' 34" W PE t2 P.M. 633) '\ (N3" 10' 34"W PEP P.M. b33t) PUE POINT OF BEGINNING ~ ~~~ ~ B@V4!W4#IrnF CITY OF CAPLSBAD ASSOCIATES ACQUISITION PLAT CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUm 200 07987 POUNMEY 8 ASSOCIATES, INC Date: q/w/gq By: 'Q. I~J~,HL Sheet 1 Of ! Shee EXHlBtT ''8 " SAN DIEGO, CA 92123 (619) 576-9200 Job NO. 260-011 e e - . * r' ~~~~ 6 "' 2 * ., 4. , .. ;v v .:? /Pa ,, ?LJ~CJO v,