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HomeMy WebLinkAbout; HUNTINGTON BEACH CO.; 88-611269; Easement1.. RECOlPP REQUESTED. BY UN +' AND TITLE CO. WFEN FZCOK~ED, PLEASE MAIL &s IpRgMENT .To : CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE 0 2323 0 )RECORDED 88-616269 18'-1 OFFICIAL RECORDS OF SAN DIEGO COUflTY, CA. 1988NQV 3 0 A~~:~~ FEE -.A. .- .. SPACE ABOVE FOR RECORDER'S USE ONLY Assessor's Parcel No. 212-041-08 CQZtJ $ENT&Ry VW&SFE% EASEMENT FOR PUBLIC HIGHWAY #&& (&, UtVfON MNDbTITLE CQW& Project W.O. No. HUNTINGTON BEACH COMPANY, a California Corporation, hereinafter called "GRANTOR" does hereby grant, convey and dedicate to the CITY ( CARLSBAD, State of California, here'inafter called "GRANTEE'1, an easement for publ: 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 "B", 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(s1, 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 SB highway. The GRANTOR, for itself, its successors and assigns, hereby waives any claim for any a all damages to GRANTOR'S remaining property contiguous to the right-of-way hereby convey by reason of the location, reconstruction or landscaping of said highway in the manr proposed. Dated this /qe day of & #, , 1988. 4 HUNTINGTON BEACH COMPANY, STATE OF CAL1FORNIA)ss. County of & ) On PA-,, (4 , 19g before me, the undersigned, a Notary Public in and for s, Cou y and. tat:, personally appeared & 1. yb$$ , &i_i"e &?si&:;f 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. . I. Qffke[ 02 &u$iingioE. gG.ac2. C$fi?@ng personally known 40 me (or proved to me on the basis - .".. . " " . Witness my hand and official seal. a Ndary Public fin and for!'saa County and State - C" QFFiC1AL SEAL JACKIE J. LOPEZ Notery PoMi-California ORANGE COUNTY . ,.v.'.. - ON ,> "9' -< '. j ,. a (1 2314 0 L This is to certify that the interest in real property conveyed by the foregoing corporation grand deed to the City of Carl sbad, a municipal corporation is hereby * .: accepted by the City Council of said City of Carls , California pursuant to Resolution No. ~TJ' adopted on 4060J7 7 , and the Grantee consents to recor ation thereof by its duly authoFized officer. + Dated liLuL&d lo /?dT BY (L4&&&@- I ALETHA L. RAUTENKRANZ, City C1 ebk -< *- .. I 0 0. 2315 e EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel 212-041-08 All that portion of Parcel 3, 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 described as fo11 ows: Beginning at the most southwesterly corner of said Parcel 3, said point being on the center1 ine of Palomar Airport Road according to Road Survey No. 1534, on file in the office of the County Surveyor of said County; thence leaving said centerline along the westerly 1 ine of said Parcel 3 N 18"41'02" W (N 18°42'20" W per Parcel Map No. 6331) 50.00 feet to the TRUE POINT OF BEGINNING, said point being on the northerly right-of-way of said Road Survey No. 1534; thence continuing along said westerly line, N 18"41'02" W (N 18O42'20" W per Parcel Map No. 6331) 24.99 feet to a point of intersection with a non-tangent curve concave southerly and having a radius of 2,313.00 feet, a radial line to said point bears N 11'33'35" W; thence easterly along said curve through a central angle of 6'16'04" an arc length of 253.03 feet to a point of cusp with a curve concave southerly and having a radius of 1,550.00 feet, a radial line to said point on said 2,313.00 foot curve bears N 5O17'31" W, and a radial line to said point on said 1,550.00 foot radius curve bears N 9"27'30" W; thence westerly along said 1,550.00 foot radius curve through a central angle of 9'14'20" an arc'length of 249.94 feet to the TRUE POINT OF BEGINNING. DLW/l cd 268-01-1(~).300.26 :;:r! . i' .- ..I P e I TPUE POINT OF BEQINN\NG WEW El2 LY LI I PARCEL 3, PM. 633. N \0*41' 02" W 24.9 4 I N 18*41'02'' W (e) 5O.0Oi ..:' , (N 10"42' 2O"W PER .. . ?ARCEL 3 PAFK5 I,. '. b/Ik\F) A. P. N. .~IZ"@l- 00 SOUTHWESTERLY COVNEL? PARCEL 3 P.M. 6331 m TO E@UIpO WmN - 2m.44 Ftz= 0.m Ac I .. . @@Bmwmmw .. ~ C ITY OF CAKLWAV ASSOCIATE5 ACQUISITION PLAT .. - ".._.-."" p+-H -. 1e-K 11 @It""- CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (679) 576-9200 Job NO. 01987 POUNTNEY & ASSOCIATES, INC Date: q/@/m By: D. I.J~L Sheet I Of i z .. . -.- .... . 0 0 .x k7 , I .. w \ -* : L) L \' I I. ' ' /I - I:. f.13- ' ,..". c- I .. ' !, A I' p , - > b' '. ( A, 4.. 2J m / "' 0 0 233'8 &'>E?DINk REQUESTED By Ub89N 1,lND TITLE CO. 1 Subordination Agreement 88-611274 ' NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMMING SUBJECT OFFICIAL HECORDS r RECORDED ird" TO AND OF LOWER PRIORITY THAN THE LIEN OF SAN DIEGO COUNTY, CA OF SOME OTHER OR LATER INSTRUMENT 1988NOV 3 0 AM&( kssessor's Parcel No. L VERA C LYLE CWUX R ECORUER p1 WHEREAS, That certain Deed of Trust $40 FEE between Eni1.v K. Switters, a maipd wpnan -~~ Collectively called BENEFICIARIES and Frank E. 1lul.l.en and Helen E. Mul.l.en. husbandand wife Collectively called TRUSTOR and First American TitlP Tns1rranrP Cmy, a California Corporation called TRUSTEE and recorded October 22, 1.975 and rerecorded November 18, 1.975 a ~il~/p~~~ N~, 75-291561 and 75-324131 respective1.y in the Office of the County Recorder of San Diego County, State of California; alld 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, HUHTIK'GTON BEACH COMPAhT, a California corporation will execute and deliver or has/have executed and delivered to the City of Carlsbad County of San Diego, State of California that certain.DOCUMENT(S) for an EASEMENT FOR SEWER LINES AND APPURTENANCES KSICH DOCUMENT(S) is/are set forth hereinafter as follows: RHEREAS, those parties concerned, desire to have said Deed of Trust subordinated to said DOCUMENT: namely, Exhibits A through H, attached hereto. *La y97 + + 23 licr \ kc&:& p,k; ; I f-2 1 1, jy /X' (kit IJ,J 6 24s (18 ELL ILL j i .I, . (1 ic.-t--L .i 1 1 ,.Ire / .-.x r' J 7 ic: 1 /JJ; q ;71-.4i-;c~ I. (1 ir I) 0 2339 0 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 OCt , 1988. L.. /,' ,,: Yi) j ,- < .A, !; , .. ;,, f 4 ,.'.I ,A:. .),.j , EMIUY K. SWI I ltRS - COUNTY OF SAN DlEGO 1 STATE OF CALIFORNIA 1 1 ss: 1 d' 101 , 1988, before me, the undersigned, a Notary Public in and On k 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. i" .. 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