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1133
SPACE ABOVE FOR RECORDER'S USE
LICENSE FOR ACCESS AND RIGHT OF WAY
,AND ACROSS CITY PROPERTY
This license is made as of the J £ day of
19 7^ , between City of Carlsbad, a municipal corporation
organized under the laws of the State (hereinafter called
"City") and David Maldonado and Olivia Maldonado, husband
and wife as joint tenants (hereinafter called "Licensee").
RECITALS:
WHEREAS, Licensee wishes to comply with Condition 9 of
City of Carlsbad CUP-107, imposed on March 25, 1975; and
WHEREAS, Licensee has a terminable authorization pursuant to
CUP-107 to use for construction and operation of a greenhouse
property sometimes referred to as Assessor's Parcel No.205-060-10; and
WHEREAS, This license will facilitate Licensee in complying
with said condition; and
WHEREAS, this license is not necessary to prevent Assessor's
Parcel No. 205-060-10 from being or becoming landlocked, but
is granted merely as a convenience to Licensee;
NOW, THEREFORE, the parties hereto, for valuable consideration,
receipt of which is hereby acknowledged, and in consideration
of the covenants and agreements hereinafter set forth, covenant
and agree as follows:
f I .134»
1. City licenses and permits Licensee to pass for access
purposes through, over and across City property located in the
City of Carlsbad, County of San Diego, State of California as
described more fully in Exhibit A attached hereto and made a part
hereof.
2. Licensee shall, at Licensee's own cost and expense,
construct and at all times maintain to the satisfaction of the
City Engineer a road for such access purposes. All work and materials
employed in the construction and maintenance of said road shall
be subject to the approval of the City Engineer. Work or materials
not meeting the approval of the City Engineer shall be immediately
removed by Licensee.
3. Licensee covenants at all times to indemnify and save harm-
less City and shall pay in full all loss, damage or expense that City
may sustain, incur or become liable for, resulting in any manner from
the construction, maintenance, use, state of repair of said road
or from the grant or exercise of this license, including any such
loss, damage or expense arising out of (a) loss of or damage to
property or (b) injury to or death of persons.
4. Licensee shall not exercise this license so as to create
a nusiance to the neighbors.
5. This license may be terminated by City upon thirty day's
notice in writing to be served upon Licensee, stating the day of the
month that such termination will take place; and upon the expiration
of the time specified in such notice, this license and all rights
and privileges of Licensee shall absolutely cease. This license
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1135
shall terminate in any event upon the happening of any of the
following conditons:
a. The death of the Licensee;
b. The transfer by Licensee by any means whatsoever
of Assessor's Parcel No. 205-060-10 or Assessor's Parcel
No. 205-060-11;
c. Licensee ceases to use Assessor's Parcel
No. 205-060-10 for the purposes specified in CUP-107;
d. Licensee's authorization to use property
pursuant to CUP-107 ceases;
e. The transfer by Licensee of any of the rights
and privileges granted by this license;
f. The transfer by City of the property described
herein.
6. Notice shall be deemed given upon mailing by first class
mail, properly addressed by Licensee, at the following
address: City of Carlsbad. 1200 Elm Avenue. Carlsbad. CA 92008 •
IN WITNESS WHEREOF, the parties have executed this license in
duplicate as of the day and year above written.
ATTEST:
CITY OF CARLSBAD, a municipal corporation
of the &t-ate of California
" ^^
Aletha L. Rautenkranz
City Clerk
AP£RC«fEI} AS TO FORM:
.vOv* •-. '* '0>David Maldonado
Olivia Maldonado
. qtj, Attornr-A • '
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1136
EXHIBIT- "A"
*1 f»» , ., 0- -3
PARCEL I*. '
rVPED
9-24-74
D-525642
All thac portion of Tract 123 of Carlsbad Lands, In the County of San Diego,
'''"State of California, according to Map thereof No. 1661, filed in the office of
the County Recorder of San Diego County, March 1^ 1915, described as follows:
Beginning at the point of intersection of the Easterly boundary line of Highland
Street with the Northerly line of Basswood Avenue, as said Highland Street and
said Basswood Avenue are shown on Map of Thum Lands, No. 1681, filed in the
Recorder's Office of San Diego County, December 9, 1915; running thence North
50°05'20" East along the Northerly boundary line of Basstrood Avenue a distance
of 367.22 feet to the. TRUE POINT OF BEGINNING; thence North 3l°13'20" West a
distance of 167.93 feet to a point on the Northwesterly line of land described
in deed to Thomas J. Lewis, et ux, recorded January 25, 1927 in Book 1270, Page
483 of Deeds; thence South 50°05'20" West along said Northwesterly line of said
Lewis' land, 95.40 feet to a point on the Southeasterly prolongation of the North-
easterly line of land described in deed to Mathilda J. Wiederhold* recorded March
11, 1930 in Book 1754, page 114 of Deeds; thence North 34°33'00" West along said
Southeasterly prolongation of said Northeasterly line along said Northeasterly
line and its Northwesterly prolongation, 317.85 feet to an intersection with
the Southeasterly line of land described in deed to Frederick A, White, et ux,
. dated December 4, 1924 and recorded -in Book 1121, page 236 of Deeds; thence
along said Southeasterly line of Unite's land, North 55C27'00" East a distance
of 191.55 feet to the Northwesterly corner of land described in deed to William
F. Wiederhold, recorded April 11, 1929 in Book 1601, page 433 of Deeds ; thence
along the Southwesterly line of said William F. Wiederhold lands, South 31°13'20"
East, (Deed South 31°12'20" East) a distance of 469.14 feet to the Northerly
line of Basswood Avenue; thence South 50°05'20" West along said Northerly line
of Basswood Avenue, a distance of 80.00 feet to the TRUE POINT OF BEGINNING. :
•'" PARCEL 2: ".'...'.".-. ' : . • ' . '
An easement for the purpose of installing and maintaining a water pipe line
over that portion of Tract 123 of Carlsbad Lands, in the County of San Diego,
State of California, according to Map thereof No. 1661, filed in the office of
the County Recorder of San Diego County, March 1, 1915, described as follows:
Beginning at a point on the center line of Highland Street distant thereon
North 24°33'OQ" West, 263.99 feet from a. concrete monument marking the inter-
section of the center lines of said Highland Street and Basswood Street as
shown on Map of Thum Lands No, L681, filed in the. County Recorder's Office,
ec ember 9, 19L5, said point being the most Southerly corner of land described
deed to Carl W. Bennett, et ux , recorded April 18, 1949 in Book 3173, page
O of Official Records; thence North 50G05'20" East along the Southeasterly
ne of said Bennett's land, a distance of 277.00 feet, more or less, to an
ntersection with the Southeasterly prolongation of the Northeasterly line
land described in deed to Mathilda J. Wiederhold, recorded March '11, 1930
in Book 1754, page 114 of Deeds; thence South 34C33'00" East along said South-
easterly prolongation a distance of 3.00 feet; thence South 50°05'20"' West a.
distance of 277.00 feet, more or less, to the center line of Highland Street;
thence North 24°33'00" West along said center line, 3.00 feet to the Point
Of Beginning. •
6^K^U^-C<
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'^Os*''W 1137 ,800*1819RECORDED REOUE5T OF
OF
Jot 5 tOooRH'TS
irSAN OIEOO COUNTY. CALlf.
$6.00