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Home My WebLink About; SAN DIEGO, COUNTY OF; 82-201566; Easement.IritlS$-STPWMEP1T TO: ""L ~ - ," ... "i" I "(_. L... .: , /" ,: i-. --. -..--- ~ .. TITLE ;Hs~~p&~~ t~@y;:>&qy -",. .. / CITY *,JF CARLSBAD ' 80 01 ,', 1200 ELM AVENUE 'CARLSBAD, CA 92008 // <i ; YP ! \. -.- _._ .- ... ~ _,__ ...~ NO "TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE 0 332482-K Grant Deed Assessor's Parcel KO. 760- 166-87 Project Palomar Sal W. 0. No. TI32071 Parcet No. 82-0001-A, COUNTY OF SAN DIEGO - FGr a valuable consideration do (es) hereby GRANT to the City of Carlsbad a Municipal Corpc all that real property in the County of San Diego, State of California described as See Exhibit "A" for legal descriptions of parcels No. 82-00014, 82-0001-B, 82-0001-( Avigation Easement reserved by grantor and covenants, conditions and restrictions, : attached hereto and by this reference made a part hereof, and as shown for S~YB~~&B~ on Exhibit "B" attached. CCSF, a5.15, 5/77 Rt- 301 rLG r 1 RZCCP,ZE9 i:i CF >>.,:: C:EC, ::,~,'.,'~~,~'i', c:<, q"I,71'!- -;f::;c,,?".s IC.?? LC .-. L J!;:j 30 j,i,I 8; oc I \I TD A cw;;i'{ ;:zT"-?!: ,' ii %>, L. !..YLE t ,-..rL.< .ULi? : L 1 ?<Q FEE i 0 &J CL" - 3 r" a % * kcDbrcel No. 82-0001-A Dakd This -25 th OC dav 8q2 o Mav la7 (1911) COWTY OF SAN DIEGO c Clerk of the Board of Superviso: ” STATE OF County of } 69. On __ , 19- before me, the undersigned, a Notary Pubiic in and for State, personally appeared mown to me to be the person whose name subscribed to the wi mil ac!<nowledged that executed the same. Wrjiaess my hand and official seal. ” - ?l~iai-y Public in and for said County and State STATE OF CALIFORNIA) ss COUNTY OF SAN DIEGO) On this 25” day of - in the year /vg;2/befc ROBERT D. ZUMWALT, County Clerk @ex-officio Clerk of the Super, of the County of San Diego, personally appeared PORTER D. CREMANS to me to be the Clerk of the Board of Supervisors of said County, known to me to be the person who executed the within instrument o of said County, and acknowledged to me that such Coun.ty executed c- ROBERT D. ZUMWALT, County Clerk and ex Clerk of the Superior Court (SEAL) By I, u &- &/2-%@4LL DeP By I, u &- &/2577vbf” DeP Tilis is to certify that the interest in real property conveyed bv the foregoing deed or grant to the COUI a political corporation, is hereby accepted on behalf of the Board of Supervisors of said Coucty of Sa lo authority conferred by Resolution of said Board adopted on , and the Grantee ( dation thereof by its duly authorized officer. hted n, Q l.^- - . . .,” x- j ?&. 0 I- 803 0 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the. deed or grant dated 1%~ 25, 1982 from County of San Diego to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsb; California pursuant to resolution No. 6897 , adopted on June 15, 1982 , and the grantee consents to the recordation thereof by its duly authorized officer, DATED : June 16, 1982 By : .< .L s 0 804. 0 EXHIBIT "A" Parcel No. 82-0001-A (1-4-82) (WAR:RH:kb) All that portion of Lot "Bl' of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map therec No. 823 filed in the Office of the County Recorder of said County November 16, 1896, lying within the land described in deed to said County of San Diego, recorded January 18, 1974, at File/Page No. 74-014190 in said Recorder's Office, described as follows; Commencing at the Northeasterly corner of said County of San Diego land; thence North 89°54'00" West , 23.41 feet to Point 14 of said Lot 'lB" as sho\ on said Map 823; thence along the boundary of said County 1 and, South 54' 15'33" West, 326.48 feet; thence South 50°55'35'' West, 1788.65 feet; thenct South 01°28'24'' West, 787.30 feet to the TRUE POINT OF BEGINNING; thence continuing along said boundary, South 10°46'15'' West, 1337.68 feet; thence leaving said boundary, South 79°13'45'1 East, 703.35 feet; thence North 30° 28'48" East, 900.00 feet; thence North 3003111211 West, 800.00 feet; thence South 87*45'29" West, 491.59 feet to the TRUE POINT OF BEGINNING. Parcel No. 82-0001 -B (2-12-82) (WAR:RH: kb) A non exclusive easement and right-of-way for road and utility purposes over, under, through and across all that portion of said Lot "B" of Rancho Agua Hedionda lying within a strip of land 48.00 feet wide, the sidelines ( said strip lying 24.00 feet on each side of the following described center1 i ne: Commencing at the most Southerly corner of that land described in parcel 1 of deed to Carlsbad Municipal Water District, recorded August 3, 1973 at Fi le/Page No. 73-215694 in the San Diego County Recorder I s Office, being also the most Southerly corner of that certain 6,459 Acre parcel shown on 1974; thence along the Southwesterly prolongation of the Southeasterly linr of said 6.459 Acre parcel South 51O17' 15" West (Record North 51'25' 00" East per said R.O.S. 7845) 55.00 feet to a point on the centerline of El Camino Real, Road Survey 1800-1, a plat of which is on fi in the Office of the County Engineer of said County; thence along said centerline South 38O42'45" East, (Record North 33O11' 55" West per said R.: 1800-1) 141.28 feet to Engineers' Station 329+50.00 thereon, said point being the TRUE POINT OF BEGINNING; thence leaving said centerline North 37°51'42"East, 480.00 feet to the beginning of a tangent 350.00 foot radius curve, concave Westerly; thence Northerly along the arc of said cur through a central angle of 81'50' 49", a distance of 499.97 feet; thence tangent to said curve, North 43'59' 07'' West, 172.23 feet to the beginning of a tangent 350.00 foot radius curve concave Easterly; thence Northerly along the arc of said curve through a central angle of 54O45' 22" a distanc of 334.49 feet; thence tangent to said curve North 10046' 15" East, 518.39 feet to a point on the Southeasterly line of Parcel Nd. 82-0001-A describe1 Record of Survey Map No. 7845 filed in said Recorder's Office on March 8, above, said point being the POINT OF TERMINUS. 1 .- %' 0 805 0 Exhibit "A" (Continued) PARCEL NO. 82-0001-C Drainaqe Easement I An easement for the right to construct drainage facilities and also to drai Lot "B" of Rancho Agua Hedi onda, Map No. 823, fi 1 ed in the Office of the County Recorder of San Diego County, State of California, on November 16, 1896. Said easement being 20 feet wide, 10 feet on both sides of, measure( at right angles to, the following described centerline. any portion of Parcel No, 82-0001-A over said easement, being a portion of Commencing at Point 14 of said Lot "0" as described on said Map No. 823, thence South 54°15'33" West, a distance of 326.48 feet; thence South 50O55'35" West, a distance of 1788.65 feet; thence South 01O28'24" West, a distance of 787.30 feet, said point also being the most northwesterly corner of said parcel. Thence along the westerly boundary 01 said parcel, South 10°46'15" West, a distance of 1337.68 feet, said point also being the most southwesterly corner of said parcel. Thence along the southerly boundary of said parcel South 79°13'45" East, a distance of 703.: feet , said point being the most southeasterly corner of said parcel. Then( along the most southeasterly boundary of said parcel, North 30O28'48" East, a distance of 150 feet more or less to the centerline of said drainage easement, said point being the TRUE POINT OF BEGINNING, and being a point ( the arc of a 300 foot radius curve concave northeasterly. Thence southeasterly along the arc of said curve through a central angle of 34' 00'00" a distance of 178.02 feet; thence tangent to said curve South 71' 01'12" East, a distance of 375.00 feet to the terminus of said easement. 2 I' .. \x 0 aut3 , varcel No'. 82-0001 eHIBIT "B'' (CONTINUED) Reserving to the County of San Diego, a political Subdivision of the State of California, hereinafter called "Grantor", an assignable easement and right-of-way for the use and benefit of the public, for the free and unobstructed passage of aircraft in, through, and across all the air space above a p1 ane herein known as the Inner Horizontal Surf ace which is established at an elevation of 478.15 feet above Mean Sea Level based on North American Datum of 1929. TOGETHER with the continuing right to cause or a1 low in a1 1 the air space above the surface of Grantee's property such noise, vibrations, fumes, dusi fuel particles, and other effects as may be caused by or result from the operation of aircraft within said air space provided the operation is in compliance with appliable laws and regulations; it being understood and agreed that Grantor intends to maintain and develop Palornar Airport in sucl a manner that said airport and the easement reserved hereby wi 11 be used ai all times and by every type of aircraft which is now in existence or which may be developed in the future for both commercial and noncommercial flights; and Grantee, for Grantee and the successors in interest and assig' of Grantee, does hereby fully waive and release those rights or causes of action relating to the use of the property described in this deed located below this easement, which they or any of them now have or may have in the future against Grantor, its successors and assigns, on account of or arisi out of the reasonable, non-negligent operation sf aircraft in said air space; 3 0 0 /" ' 4rcel No: 82-0001 0 .. '. 80'7 E XI((bTT iigrr (CONTINUED) ALSO TOGETHER with the continuing right in the Grantor, its successors and assigns, to clear and keep clear any and all obstructions which encroach upon or extend into the hereinbefore described easement and right-of-way, and for such purpose, after reasonable notice to Grantee, to enter upon thc surface of Grantee's property and cut and remove underbrush and soil and demolish, cut, lower, or remove buildings or any structures, or any bushes, trees, or other vegetation which are located on or extend into or over so much of the Grantee's property as lies below the easement and right of way herein granted, and together with the right of ingress to, egress from, an( passage over Grantee's property for the purpose of effecting and maintainir such clearance as aforesaid. Provided, however, that Grantor or its successors and assigns shall before cutting, removing, demolishing or lowering any vegetation, soil or structure shall first demand that Grantee perform such cutting, removing, demolishing or lowering and allow Grantee reasonable time to perform. THE TERM "aircraft" is defined for the purposes of this Deed as any contrivance now known or hereafter invented, designed, or used for navigation or flight in air or space. UNLESS PRIOR APPROVAL IS GIVEN BY THE FEDERAL AVIATION ADMINISTRATION, (F.A.A.) or its successors and assigns, Grantee, for Grantee and the successors in interest and assigns of Grantee, covenants and agrees that neither they nor any of them wi 11 erect, or permi t the erection of , any structure or object, or permit the growth of any tree or other vegetation, or a1 low any structure, object , tree or other vegetation to encroach upon extend into said easement and right of way, and that neither they nor any them will 4 w m IJ ..~. . .~ ._ I" ,< Parcel 82~0001 0 808 EXH @!C "B" b. (CONTINUED) hereafter use, or permit or suffer the use of Grantee's property in such manner as to create electrical interference with radio communication to or from any aircraft, or as to make it difficult for aircraft pilots to distinguish between airport lights and other lights or as to impair visibility in the vicinity of the airport, or as to otherwise endanger the landing, taking off, or maneuvering of aircraft. - 3 4. . .y~.rce~ OL-UUUL t e y k; 809 OEXHIBIT "B" -. %- 4 .- h 6