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Home My WebLink About; KELLY, RICHARD & ROBERT; 88-426568; EasementL< -. , RECORDING REQU& BY: "u.- 0533 gq f$ ,c% ,ai $558 .. L.f,'' -" UNION Mi'iD TITLE MMPAMY w rm 1 . _.. ., .- >. I. , - "." "..". ...I i .-.I . . .- ~. ~. - . , . . -. :-. -.. -. WHEN RECORDED, MAIL TO: 1 . .. . ..... - ~ - .I :" .- .- .. . .i_ ... i - . ... .- .. . ,.... CITY CLERK CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 NO TRANSFER TAX DUE 1 1 na-> +,i" .PC 2%: 5. c.9 t-:. - 2 : I .2 L J i i i *_; * ". 5 1 1 1 1 L.i " . . _. L :r-. ? -, i 5. . .I I : . -... ___". . ..~~ .. ~. - I r-? ' .. .. ; :i .-: . < .._ . - "."". . -. . - *.- .~. . , , _-,. :;,G:-:* i _.". - 1 FEE ) SPACE ABOVE FOR RECORDER'S USE 4. p ; y? -<: ; _I DOCUMENTARY TRANSFER ?AX &A$d.-. EASEMENT FOR OPEN SPACE Assessor's Parcel NO. 21 2-040-37 Project: Palomar Airport Road RICHARD E. KELLY and ROBERT p. KELLY, as Trustees under that certain Irrevocable Trust dated November 25, 1985, for the benefit of Robert P. Kelly, Richard C. Kelly and Irene K. Hendriks, n+. , as to an undivided one-half (1 /2) interest; and RICHARD CARROLL KELLY and ROBERT PATRICK KELLY, as Trustees under that certain $$ irrevocable Trust dated August 31, 1982, for the benefit of Irene K. Hendriks, et al., as to an undivided one-half (1 /2) interest, (hereinafter designated Grantors,) do 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: 1) A perpetual easement for open space over, upon, across and under the subject land upon which no building, structure or other thing whatsoever shall be constructed, erected, placed or maintained on the subject land except as may be permitted by written permission of the Grantee; 2) The perpetual right, but not the obligation to enter upon the subject land and remove any buildings, structures or other things whatsoever constructed, erected, placed or maintained on the subject land contrary to any term, covenant or condition of this easement. Grantors covenant and agree for themselves and their successors and assigns as follows: (a) That they shall not erect, construct, place or maintain or permit the erection, construction, placement or maintenance of any building or structure or other thing whatsoever on the subject land other than such building, structures or other things as permitted by written permission of the Grantee; (b) That they shall not use the subject land for any purpose except for open space purposes; -1 - /fTr "., '1; \($'U ,"A ,' Q 1 //' I' "L ." - .. 0 -\, 0534 0 _I J * (c) That they shall not excavate or grade, or permit any excavating or grading to be done or place or allow to be placed any sand, soil, rock, gravel, or other material what- soever on the subject land without the written permission of the City of Carlsbad or its successors or assigns; (dl That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceed- ings in the Superior Court of the State of California. The grant of this easement and its acceptance by Grantee shall not authorize the public or any members thereof to use or enter upon all or any portion of the subject land, it being understood that the purpose of this easement is solely to restrict the uses to which the subject land may be put. This easement shall bind the Grantors and their successors and assigns. That within said open space easement, the subject area will be left in natural state for the protection of endemic biological resources, and no clearing or removal of any vegetation shall be permitted except hand brush clearing for fire protection purposes by written order of the office of fire services coordinator within said open space easement, and except as for landscaping and the placement of drainage structures and associated rip-rap within said open space easement, without the written authorization of the City of Carlsbad, its successors or assigns. Grantee, its successors and assigns, shall have the right to convey said easement, or any portion of said easement, to other public agencies. If a substituted open space area(s) is/are designated on the real prop- erty referred to herein, but at a different location(s) , the Grantee agrees to quitclaim the easement and right of way granted herein when no longer required, on condition that a permanent easement(s1 and right of way required for said substitute open space is granted to Grantee, which in the sole discretion of the City of Carlsbad will pro- vide an equivalent easement(s) and facility(ies) for open space as that conveyed herein. 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" and the attached Acquisition Plats, designated Exhibit 'IB", each made a part hereof by reference. There is reserved to Grantors, their successors and assigns, the right and privilege to use the above-described land of the Grantors at any time, in any manner, and for any purpose not inconsistent with the full .. -L- . ., ). -. , 8 e "" 0535 0 use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. Executed this /& day of 1988. vocable Trust dated November 25, 1985, FBO Robert P. Kelly, Richard C. k Trustees Under Irrevocable Trust dated August 31, 1982, FBO Irene K. Hendriks, et al. as to an Undivided 1/2 Interest STATE OF CALIFORNIA ) ) ss: COUNTY OF SAN DIEGO ) 1 L On 1 &?/ , 1988, before me, the undersigned, a Notary Public in and for, said County and State, personally appeared RICHARD Q. KELLY, ROBERT ,@. KELLY, RICHARD CARROLL KELLY, and ROBERT basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. PATRICK KELLY, personally known to me (or proved to me on the flK WITNES,S, y h nd and offi i - Ng?!5&tJ.g ,$/realo 'otary ublic THIS IS TO CERTIFY that the interest in real property conveyed by the foregoing Corporation Grant Deed to the City of Carlsbad, a munic- ipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No. Jf-dfCgadopted on its dhly aGthorized officer. j 7iLY /E /5// , and Grantee consents to recordation thereof by Dated : 7-2a - 8 p DK:MDDCT4/061588b A L@Te. dA$T*y i ty C I e r k -3- , ,. I <*. b ? .. .. -4 *. ,' 4 1 e .. . LO536 'e EXHIBIT "A" Assessors Parcel 212-040-37 A1 1 that portion of Parcel "C", of Parcel Map N,o. 2993, filed in the office of the County Recorder of San Diego County, August 23, 1974, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as foll ows: BEGINNING at the most northeasterly corner of said Parcel "C", said point being on the southerly right-of-way of Palornar Airport Road, according to Road Survey No. 1534, on file in the office of the County Surveyor of said County, said point being on a curve concave southerly and having a radius of 1,450.00 feet, a radial line to said point bears N 05'54'10" E; thence along the northeasterly line of said Parcel 'IC" S 28'21'23" E (S 28'55'39" E per Parcel Map No. 2993) 59.73 feet to the intersection with a non-tangent curve concave southerly having a radius of 2,175.00 feet, a radial line to said point bears N 5'46'32" E, said point being the TRUE POINT OF BEGINNING; thence westerly along said non-tangent curve through a central angle of 2'26'32'' an arc length of 92.71 feet to a point of reverse curvature with a curve concave northeasterly and having a radius of 40.00 feet; thence easterly along said reversing curve through a central angle of 31"14'20" an arc length of 21.81 feet to a point of reverse curvature with a curve concave southwesterly and having a radius of 40.00 feet; thence easterly along said second reversing curve through a central angle of 32"20'40" an arc length of 22.58 feet to a point of compound curvature with a curve concave southerly and having a radius of 2,187.00 feet; thence westerly along said 2,187.00 foot radius curve through a central angle of 22'30'19" an arc length of 859.03 feet; thence tangent S 69"43'15" W 338.91 feet to an intersection with the northwesterly line of said Parcel "C"; thence along said westerly line S 09'13'07" E 22.16 feet; thence N 85"OO'OO" E 73.36 feet; thence N 48'00'00" E 26.28; thence N 66'00'00" E 228.00 feet; thence N 72"OO'OO" E 220.00 feet; thence N 77"OO'OO" E 148.00 feet; thence N 82"OO'OO" E 343.00 feet; thence S 87°00'OO" E 161.00 feet; thence S 65"OO'OO" E 36.00 feet; thence S 86"OO'OO" E 113.64 feet to the northeasterly line of said Parcel "C"; thence N 28"21'23" W 20-11 feet to the TRUE POINT OF BEGINNING. ' DLW/se 268-01-4(~)385-23 -* 0- . . 4' 1 lp' ,*> ' v u - ()53?7 * J - N'W CORRNEK PAR "C" .. PARCEL MAP NO. 29q-3 5 20" 21' 23" E 59.73' POINT OF @EG\NNIN ~S7"0O1 ml'w ' r??\X r/ I" ZL J\/J./\S jqrJ 2 7993 I I I APN 212-040-37 AREA TO OE ACQUIKED SHOWNED VZZZZZZl \ EXHIBIT%' 1. ll!? t CITY Of dARL50AD ASSOCIATES ACQUISITION PLAT CONSULTING ENGINEERS OPEN SPACE EA5EMEI\I-T 4455MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (679) 576-9200 . Job No. 2bB-G ~ ~ - . . ~~ . . " - ~ . ~~~~- ~. . - n-a" - I- - 1" n... - . __ . ., e&.-..* 1 AC 1 CI * i( e cqp@GeJ .; *- 7: i I/ 3/& n L. . ' . *' h " i . , I'