HomeMy WebLinkAbout; SMITH, CECIL A. & CAROLINE, TRUSTEES; 1993-0432400; Easement"-1
WHEN RECOmED, PLEASE MAIL
THIS' INSTRUMENT TO:
CITY CLERK
1200 Carlsbad Village D~~NW~T~~~~ $Ewe
CARLSBAD, CA 92008
RECORDING REQUESTED BY
ENGINEERING DEPARTMENT
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c 07-JUL--$993 oQ,=oo &E
CITY OF CARLSBAD REmAoi&& &QUES By: nrrrrpbi w-mnqq
: 647 Q.! 3 TK, TP:ii,:Ty q"p~r 4 P >qrrT r
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. 2; .. g I,$$ FEES: $7 flf if= rii
I THIS @+x FOR$&ORDERS USE QNLY . .. IIr : i = ;.f!j
NO TRANSFER TAX DUE
Assessor's Parcel No: APN 214-471-53
;/- , . ~:
TEMPORARY CONSTRUCTION EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CECIL A. SMITH AND CAROLINE SMITH, TRUSTEES UKD MAY 15,1987
hereby GRANTS to
THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION,
a temporary construction easement for the purpose of stablizing the existing embankment/slope associated with the widening and
reconstruction of Poinsettia Lane and the OFF-RAMP for NORTH-BOUND 1-5 and any and all appurtenances thereto, over,
under, along and acrosss the herenafter described property, together with the right to convey said temporary construction easement,
or any portion of said easement, to other public agencies.
The real property referred to hereinabove ad macle subject ?o said temporzry cowtrudion easerner.! by this gym? .is sit*s!ed LC &e
City of Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit "A" and as
shown on the attached Exhibit "B":
The GRANTEE agrees that it shall be responsible for the restoration of the premises to the condition existing prior to entry, as
nearly as possible. If the existing landscaping and related irrigation system is damaged, it will be replaced in-kind. Any damage
to existing improvements will be repaired in a manner comparable lo its existing condition
" lhlS ~eercponq mF..L-.- :e- .e rn-"4 e L3~ub~.vlI &uyII. Ad! teminzte e: expire nn Pece:e_m_lser 31, 1995, or upon the completion of the construction,
whichever OCCUTS first. Completion of construction will be that date established by the filing of a NOTICE OF COMPLETION
with the San Diego County Recorder. Upon the conditions hereinbefore recited, the City of Carlsbad or its successor in interest
shall quitclaim all of its right, title and interest in this temporary construction easement upon receiving a written recpest from the
GRANTOR or its successor in interest.
I \ 1,
(MacFARLANE & ASSOCIATES) (deeds\TCESMITH)
F I:IHK-KI2-LYYJ IO - .LY rKUI’I LUI‘II’IUIYWtHL I il t3LKUW IU -373DC3 r.ua a\ a
this document I& executed thi ,1993. .‘ 648
=ecIL A. SMllH ANZ) Worn SMITH, TRUm u/T/D MA?’ 15,1987
3y:
BY
VOTARY NRAT) 4 I=- ? COVNNOF iTA’LB OF -YL be e4 0 3 .p
Q Mat& 2, wr3” belorc mG Ll2re D. efi+&, ko “f- CL w7?dl+,
pe-pur -d?gL; 1, h 2wL ;% ,Tj-L&eb aQd Lm I i he qfk% xV=k%?J
-““(a praved to
me em the basis of sati&f5ory eoidena) 60 k tbe pcmm(*) whwc nam<s) Wsue pabsaibcd lo the within instmmcllt end *ledgad to me
that W&e&bey ercPrted tht RSZILC in-&&?&s&cir rur?k?mbxl ap&ty(k~)~ md !hat qYi&&Wth& si%p~s) cn thc htm’tkcrd the pCm(8)
a the entity upm bebalf of whkh the person(s) acted. esea~ted Ihe bseumen~
WrPNEsS my hurd and &tip1 re&-.
s-+ -z/LL, &. /’ i /y,+g,;r /d //
~aKeafkomcial~ggpl)
THIS IS TO CERTEY that the intereat i red propcrty oonveyd by the €wegoing &HI 01 grmt to the CXTY OB CARLSBAD, a Municipal corporatioon,& hpky - accepted on behalf of the City Council of said .Ci f d pursuant to authority conperred
by Resolution No. - , adopted oil ,1993, and
the Grantee CoIlsCLLts to the recordation &emf by its duly aulho- 0-1.
April 2?,m
MAYOR, Crry OF CAIRLSBAD
(MacEARLAm a ~SOuAm) (-\“
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EXHIBIT "A"
PARCEL 2 - TEMPORARY CONSTRUCTION AND SLOPE EASEMENT
A PORTION OF LOT 171 OF CARLSBAD TRACT 73-24, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7996, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 5,1974, A
CERTIFICATE OF CORRECTION THERETO RECORDED JUNE 22, 1988 AS FILE NO. 88-
298562 OF OFFICIAL RECORDS.
COMMENCING AT THE CENTERLINE INTERSECTION OF PASEO DEL NORTE WITH
POINSETTIA LANE AS SHOWN IN SAID MAP NO. 7996 THENCE SOUTH 76"54'08" WEST
(NORTH 76"54'40" EAST RECORD AND CALTRANS RWL03760-3767, M.S. 775) 200.05
FEET:
THENCE SOUTH 13 "05'52" EAST 34.25 FEET TO A POINT ON THE NORTHERLY LINE OF
SAID LOT !71 s SA!@ PO!.h!T ALSO BEING ?HE WESTERLY TERMINUS OF THE SOUTHERLY
LINE OF DEDICATION TO THE CITY OF CARLSBAD PER SAID MAP NO. 7996. SAID POINT
BEING THE POINT OF BEGINNING;
THENCE SOUTH 13 "05'52" EAST - (NQRTH - . 13 O 05'20" WEST RECORD) 15.75 (15.75
RECORD) FEET, ALONG A WESTERLY LINE OF SAID LOT 171;
THENCE SOUTH 13 " 05'52" +AS? 9.27 FEET;
THENCE NORTH 74"55'02" EAST 89.90 FEET TO THE BEGINNING A CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 1916.00 FEET;
THENCE EASTERLY 91.44 FEET AND SAID CURVE THROUGH A CENTRAL ANGLE OF
2'44'04" TO THE EASTERLY LINE OF SAID LOT 171, TO WHICH A FikEiAL iiW SEARS
NORTH 12 O 20'54" WEST;
THENCE NORTH 16 O 32'54" WEST (NORTH 16 " 32'27" WEST RECORD) 1.67 FEET ALONG
SAID EASTERLY LINE TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 25.00 FEET;
PAGE 1 OF 2
A
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THENCE NORTHERLY AND WESTERLY 37.76 FEET ALONG SAID CURVE AND THE
NORTHERLY LINE OF SAID LOT 171 THROUGH A CENTRAL ANGLE OF 86'32'58" TO THE
BEGINNING OF A COMPOUND CURVE THROUGH WHICH A RADIAL LINE BEARS NORTH
12"20'54" WEST, SAID CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1941.00
FEET;
THENCE WESTERLY 67.25 FEET ALONG SAID CURVE AND THE NORTHERLY LINE OF SAID
LOT 171 AND THE SOUTHERLY LINE OF DEDICATION TO THE CITY OF CARLSBAD AS
SHOWN ON MAP NO. 171 THROUGH A CENTRAL ANGLE OF 01 "59'07'';
THENCE SOUTH 74'55'02" WEST 89.03 (NORTH 74'55'29" EAST 89.03 FEET RECORD)
ALONG A NORTHERLY LINE OF SAID LOT 171 TO THE POINT OF BEGINNING.
THIS EASEMENT IS TEMPORARY AND WILL EXPIRE ON DECEMBER 31, 1995 OR AT THE
END OF CONSTRUCTION, WHICHEVER COMES FIRST.
THE ABOVE DESCRIBED PARCEL CONTAINING 4399 SQUARE FEET MORE OR LESS.
Basis of Bearinas
Bearings are based on California Coordinate System, Zone 6 and based on two monuments as
shown on Caltrans RWLO 3760-3767 M.S. 775 are described as follows:
(1) Monument 5-45.6A, L & T w/CDH Tag (2) Monument 5-47.0, L & T in Bridge Curb
North 342,418.20' North 349,338.84'
East 1,675,396.66' East 1,671,920.76'
This information is shown on sheets 8 and 11 of above mentioned maps.
All distances shown are Ground Distances.
SD-Cl7-30Q54/83-29.DOC/KLW/dks/cap/O71692
PAGE 2 OF 2
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