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HomeMy WebLinkAbout; HUNTINGTON BEACH CO.; 88-611267; Easement'% f i?$q4C.ORDED, PLEASE MAIL . I +HIS INSTRUMENT TO: 0 0 2394 e IRECORDED m-1 88-61126'3 L QFFlClAL RECORDS CITY CLERK OF SAN DlEGO COUNTY, CA. CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 RECORDING REQUFS7l35 By UNJON LAND TITLE CO. NO TRANSFER TAX DUE 1988NOV 3 0 AM8:00 I CpUUX BECORD? I VERA sf, LYLE SPACE ABOVE FOR RECORDTRTS- USE ONLY ~~ ~~ &m-L%&TySFER TAX $. EASEMENT FOR PUBLIC HIGHWAY - &-A& UNION LAND TIT% COA Assessor's Parcel NO. 212-041-04 Project W.O. No. HUNTINGTON BEACH COMPANY, a California Corporation, hereinafter called 'fGRANTOR11 does hereby grant, convey and dedicate to the CITY CARLSBAD, State of California, hereinafter called "GRANTEE", an easement for pub1 highway and public utility purposes and incidents thereto, upon, over and across th' certain real property within the CITY OF CARLSBAD, State of California, described follows : See the attached legal description designated Exhibit "A" and attached Acquisition P1 designated Exhibit rtB1l, each made a part hereof by reference. GRANTOR hereby further grants to the CITY OF CARLSBAD that privilege and right to exte drainage structures and excavation and embankment slopes 100 feet beyond the limits of t herein described right-of-way where required for the construction and maintenance of sa Highway. RESERVING unto GRANTOR, its successors or assigns, the right to eliminate su slopes and/or drainage structures or portions thereof, when in the written opinion of t City Engineer of GRANTEE, the necessity therefore is removed by substituting 0th protection and/or support and/or drainage facility, provided such substitution is fir approved in writing by said Engineer(s), which such approval shall not be unreasonab withheld. GRANTOR hereby further grants to GRANTEE all trees, growths (growing or that may hereaft grow), and road building materials within said right-of-way, together with the right use the same in such manner and at such locations as said GRANTEE may deem proper, needf and necessary, in the construction, reconstruction, improvement or maintenance of sa highway. The GRANTOR, for itself, its successors and assigns, hereby waives any claim for any i all damages to GRANTOR'S remaining property contiguous to the right-of-way hereby conveq by reason of the location, reconstruction or landscaping of said highway in the manr proposed. Dated this /s' day of % , 1988. 6;T HUNTINGTON B STATE OF CAL1FORNIA)ss. County of &&?e 1 On &d / 7 , 19x before me,. the undersigned, .,.a. Notary Public in and for Si Cou ty a State, personally appeared (.. :, r5:.3:$ Officer of HUi!ting?On %X? hTI;C;:, personally known to me (or proved to me on the basis satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the wit: instrument and acknowledged to me that he/she/they executed the same. .*';,,L /T"C "> -. .. i. r*?, . : 5.-::>.;.:.. Witness my hand and official seal. N6ar-y Publig in and f%r @id County and State rA IC -, ,- , c, - 1": 'I e 0 2305 0 - . This is to certify that the interest in real property conveyed by the foregoing corporation grand deed to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad California pursuant to i- Resolution No. bygJyjadopted on &o&c~ T /yf/ , and the Grantee consents to recordation thereof by its duly author7zed officer. " Dated L 10. /?&IF BY ALW~&kwlk 1- %, , ** c #' ., . ;, . ., <_ 0 0 2306 EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel 212-041-04 All that portion of that certain parcel of land designated as "Description No. 3, 78.04 acres" as shown and delineated on Record of Survey Map No. 5715, filed in the office of the County Recorder of the County of San Diego, on December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, according to Map thereof No. 823, filed in the office of the County Recorder of said San Diego County, November 16, 1986, 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 said Description No. 3, said point being on a 1,500.00 foot radius curve concave southerly, said point being on the centerline of the 100 foot wide right-of-way, known as Palomar Airport Road, according to Road Survey No. 1534 on file in the office of the County Surveyor of said County, a radial line. to said point bears N 7'20'37" W; thence easterly along said curve, and along said centerline, through a central angle of 4"19'30", an arc length of 113.23 feet to the end of said curve, said point being shown on said Road Survey No. 1534, as Engineer's Station 78+25.34 EC; thence continuing along said centerline S 78'19'53" E (S 78'20'53" E per Road Survey No. 1534) 382.97 feet, to the most southeasterly corner of land described in deed to the Epoh Investment Club, recorded November 15, 1961, as File No. 197951, O.R.; thence leaving said centerline, along the easterly line of said deed, N 3"33'23" E (N 2'36' E per recorded Deed) 50.50 feet to the TRUE POINT OF BEGINNING, said point being on the northerly right-of-way of said Road Survey No. 1534; thence along said northeasterly right-of-way of Road Survey No. 1534 S 78'19'53" E DLW/skg 268-01-1(~) .229.50 Page 1 of 2 1 ,. , d# I,-, * e 0 2307 v .. (S 78'20'53" E per Road Survey No. 1534) 1,654.17 feet to the intersection of d non-tangent curve concave southwesterly and having a radius of 2063.00 feet, a radial line to said point bears N 18'06'15" E; thence westerly along said curve through a central angle of 6'26'08" an arc length of 231.72 feet; thence tangent to said curve N 78O19'53" W, 1,325.70 feet to the beginning of a tangent curve concave southerly and having a radius of 2,363.00 feet; thence westerly along said curve through a central angle of 2'23'39" an arc length of 98.74 feet to the intersection with the easterly line of property described in said Epoh Deed; thence leaving said curve along said easterly line, S 3'33'23" W (S 2'36' W per said Deed) 11.05 feet to the TRUE POINT OF BEGINNING. DLWIskg 268-01-1 (w) 229.50 Page 2 of 2 d j.' - I RW 4urZVEY. I534 APN, 'iIZ-odI-O4 AKW -ID EX. ACQUIRED Sl-WWM //// i m,44G..roRcS 0#47&5. I i *. ' ,. . L mwmwmmw m"ERm7 .... . ASSOCIAfES ACQUISITION PLAT CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 - EXCI1Bt-r Up'' Job No. (z%.E SAN DIEGO, CA 92123 (619) 576-9200 01987 POUNTNEY & ASSOCIATES, INC Date: 9/w/m By: p, WL' Sheet 1 Of f / ': e 0 233'8 ,J, I *I, I 0 '- C~~RDING REQUESTED BY UNLON L.IND TITLE CO. t. Subordination Agreement 88-611274 'HOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMMING SUBJECT OFFlClAL KECOKDS r RECORDED IN" TO AND OF LOWER PRIORITY THAN THE LIEN OF SAN DIEGO COUNTY, c OF SOME OTHER OR LATER INSTRUMENT Assessor's Parcel 1988NOV 3 OAM8: No. L VERA L LYLE W.UNlX RECORDER U WHEREAS, That certain Deed of Trust between :n MJ FEE Collectively called 3ENEFICIARIES and Frank E. P1ul.l.en and Helen E. Mu1.l.en. husb-ande Collectively called TRUSTOR and First -Title Tnmpp wy, a California Corporation . ca~ led TRTJSTPEE and recn,rdpd Octc """ """" "" """" lber 22, 1.975 and rerecorded November 18, 1.975 t . ~s ~j-~~/p~~~ N~, 75-291561 and 75-324131 respectively in the Office of the County Recorder of San Diego County, State of California; axld WHEREAS, said BENEFICIARIES are in the owners and holder of the ncte and other evidence Of indebtedness for which said Deed Of Trust was given for security; and WHEREAS, HLJETIIXTON BEACH COMPAhrY, a California corporation will execute and deliver or has/have executed and delivered to the City of Carl.sbad County of San Diego, State of California that certain DOCUMENT(S1 for an EASEXENT FOR SEWER LINES AND APPURTENANCES WHICH DOCUMENT(S) is/are set forth hereinafter as follows: ' FTBEREAS, those parties concerned, desire to have said Deed of Trust subordinated to said DOCUMENT: namely, Exhibits A through H, attached hereto. jic:f~ LC~~:>ZI(~I. /Tqd;, / +[= i t %lQJLu\ 13'7 +,,Q,,,"a. -3 I ) I. ; .!x C jL:, --L 1 ' '7 j ' /IC' C!i, .Is !7[i,t 8 ,LC ., ' I-, p ELL. Av- 1 lr I. s; j7J 17;: q 7 /?",T.9 'A. .. ,'# 2 I, , *r 1 e 0 2339 * NOW THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. Executed at San Diego, California, this lq day of ()pit , 7988. I!.i- , j 1' /I / /* KJ ) > i"l . ,. 1 ( 1: /',( : "".,[ ..,?"/.. ;)A+., '._ i tMTllY K. SWV COUNTY OF SAN DlEGO . ) 1 ss: STATE OF CALIFORNIA 1 1 On 0 & 19 , 1988, before me, the undersigned, a Notary Public in and State, personally appeared EMILY K. SWITTERS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. ~ -,-. ~ -._., .... , , .. .'. -- ' " -a ,. 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