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Home My WebLink About; HUNTINGTON BEACH CO.; 88-611268; Easementr K~t,,UKVlfUV KLUULUI LU W I Ub\HBN LAND TITLE CO. 33 ~E;~RECORDED, PLEASE MAIL ' -~TmS,IN~TRgMENT f TO: e CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE 0 2309 0 88-61126t 1988NOV 3 0 AM c. LYLE RECQRDEt; NO FEE la SPACE ABOVE FOR RECORDER'S USE ONLY ~~~~~~~~~~~~ EASEMENT FOR PUBLIC HIGHWAY &ab UNION LAND TiTbE CO~ Assessor's Parcel Project NO. 212-041-06 W.O. No. HUNTINGTON BEACH COMPANY, a California Corporation, hereinafter called llGRANTOR1l 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 t? certain real property within the CITY OF CARLSBAD, State of California, described follows : See the attached legal description designated Exhibit "A" and attached Acquisition PI designated Exhibit TIB1l, each made a part hereof by reference. GRANTOR hereby further grants to the CITY OF CARLSBAD that privilege and right to extc 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 si Highway. RESERVING unto GRANTOR, its successors or assigns, the right to eliminate st slopes and/or drainage structures or portions thereof, when in the written opinion of 1 City Engineer of GRANTEE, the necessity therefore is removed by substituting otk protection and/or support and/or drainage facility, provided such substitution is fil approved in writing by said Engineer(s), which such approval shall not be unreasonal: withheld . GRANTOR hereby further grants to GRANTEE all trees, growths (growing or that may hereafl 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, needl and necessary, in the construction, reconstruction, improvement or maintenance of s; highway. The GRANTOR, for itself, its successors and assigns, hereby waives any claim for any : all damages to GRANTOR'S remaining property contiguous to the right-of-way hereby conve: by reason of the location, reconstruction or landscaping of said highway in the man] proposed. Dated this (4 - day of (g&?,d!& , 1988. A HUNTINGTON STATE OF CAL1FORNIA)ss. County of h+ ) w On 9% 1 T , lgg, before me , the unde,rsigned, a Notary Public in and for s Coun y and State, personally appeared <= 4, &Qfg , $'ice hSidti5. Officer of i{i;n'$rt@QE 82,2@ Cci?lpnji: 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. Witness my hand and official seal. a,&/& I G I, Noyary Public 3h and for gaid&ounty and State >. ' ' . '.. - 0 0 2310 0 ',?< I - 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 Resolution No. f/dyc( adopted on ,&&&-~,7- 9 /y// , and the Grantee consents to recordation thereof by its duly authori-ted officer. Dated ,&&t /a /?fr BY llAxL 4 ALETHA L. RA$EN$m&-k- -r' e >. 3" . A: '8 a 0 0 2311 EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel 212-041-06 All that portion of Parcel 1, of Parcel Map No. 6331, filed in the office of the County Recorder of San Diego County, September 8, 1977, in the City of Carlsbad, County of San Diego, State of California, being more particularly descri bed as fol 1 ows : Beginning at the most southwesterly corner of said Parcel 1; 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 a point on the northerly right-of-way of Palomar Airport Road, according to Road Survey No. 1534, on file in the office of the County Surveyor of said County, said point being the TRUE POINT OF BEGINNING; thence continuing along the westerly line of said Parcel 1 N 3'17'16" W (N 3'18'34" W per Parcel Map No. 6331) 41.61 feet; thence leaving said westerly line N 69'43'15" E 278.25 feet to the beginning of a tangent curve concave southeasterly and having a radius of 2,313.00 feet; thence easterly along said curve through a central angle 8'43'10" an arc length of 352.00 feet to a point of intersection with the easterly line of said Parcel 1, a radial line to said point bears N 11'33'35" W; thence leaving said curve along the easterly line of said Parcel 1 S 18'41'02" E (S 18'42'20" E per Parcel Map No. 6331) 24.99 feet to a point of intersection with the northerly right-of-way said Road Survey No. 1534, said point being on a curve concave southeasterly and having a radius of 1,550.00 feet, a radial line to said point bears N 18'41 '50'' W; thence westerly along said curve through a central angle of 0°31'17" an arc length of 14.10 feet; thence tangent to said curve, along the northerly right-of-way of said Road Survey No. 1534, S 70'46'53" W (S 70'45'53" W per Parcel Map No. 6331) 626.36 feet to the TRUE POINT OF BEGINNING. Excepting therefrom that portion of the above described portion of Parcel 1 described in irrevocable offer to dedicate real property to the County of San Diego for roadway purposes described in document recorded September 7, 1977, as File/Page No. 77-367341, O.R. DLW/ 1 cd Z~~-OI-I(W) ,300.25 IT ;\ .I ~ - 4'' .:' , e 0 - 0 2312 . * ~u4I'OZ''E 24.94' .AKEA. TU DE bCQUII 6cIOwM. \\\ \\ Z!4&.38-Ct.Z= 0.WA " SW'LY m EL l,Ptvl.G? NIL'( Llhjf3 aFzEL 1 CM. Wl N 5'17'16''h! N Tl7'16''N 41.61' (N ??I0','"l4 ff% I% 6531) t4 4" 17'16" 52.d -"WE POINT a=- EEaHNWl ( t4 Y 10' 94"b-J FF KM. , P@@rnWrnm7 ASSOCIA~ES ACQUISITION PLAT CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (619) 576-9200 Job No. 260 01987 POUNTNEY & ASSOCIATFS. INC~ Date: 9/3o/67 BY: 0. WAHL' ' Sheet 1 Of I WU1(31" ' et 0 0 9- .. I) ' = I * ";. .. '6 ' .- !&p :? s & :::;:<-. /; (7 I .. 6' , 2 <> , ." ;<.d #i,.. ,I p e 0 233'8 ,/ &IRDING ~REQU~STED BY 0 UNI*ON L,IND TITLE CO. t. Subordination Aareement ' NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER INSTRUMENT Assessor's Parcel 88-611274 r RECORDED IN- OFFICIAL RECORDS OF SAN DIEGO COUNTY, C, 1988NOV 3 OAM8: L .. No. VERA c LYLE c@bUl RECORDER pl. WHEREAS, That certain Deed of Trust MJ FEE between Eni1.v K. Switters, a marriedan Collectively called 3ENEFICIARIES and Frank E. Nul.l.en and Hel.en E. Mu1.l.e~. husbud wife Collectively called TRUSTOR and First -nrP -y, a California Corporation : Called TRUSTEE and recorded October 22, 1.975 and rerecorded November 18, 1.975 , & File/page N~. 75-291561 and 75-324131 respective1.y in the Office 7 of the County Recorder of San Diego County, State of California; md WHEREAS, said BENEFICIARIES are in the owners and holder of the ncte and other evidence of indebtedness for which said Deed of must was given for security: and WHEREAS, HUh'TIKGTON BEACH COXPAPT, a Cal.ifornia 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 EASEMENT FOR SEWER LINES AND APPURTENANCES WHICH DOCUMENT(S) is/are set forth hereinafter as follows: FTHEREAS, those parties concerned, desire to have said Deed of Trust subordinated to said DOCUMENT: namely, Exhibits A through H, attached hereto. 9 lir:d 1 kecc.,siel jTjL;; I +& ~ L . .!.%+ fi ic, -.k " 1 ' 'Y / i J. l!A /J,&[ 6 24: ('3: L L c /-1 v., . IT- I;; 12wl /?,i q ?,n--,,'-Y~ I I .. c 4 .I. @ 0 2339 a * .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 14 day of OCf , 1988. fi.1 j ,{ L- ,/ ' !C/,l;;-./'., // , [ ., , 1,l I <.,/(. ,,il.4~~ .,/ 1 7 , tM,lllY K. S\nJTI I tRS COUNTY OF SAN DIEGO 1 STATE OF CALIFORNIA 1 ) ss: 1 On 0 State, personally appeared EMILY K. SWITTERS, cf- 19 , 1988, before me, the undersigned, a Notary Public in and 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. I ' I_ .' ' , ' -* _". .-.. ._._. . . . ... .. . . .. - .,. -r. -1"- ,. /()i L,..' ..,;>, '.._ . 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