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HomeMy WebLinkAbout1988-05-24; City Council; Resolution 88-173I II 0 e 1 ,2 3 4 5 6 7 a 9 10 ; 11 ! 12 ' 13 " 14 15 16 17 18 19 20; I 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-173 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF CARLSBAD AND DECLARING THE PUBLIC NECESSITY THEREOF WHEREAS, the City of Carlsbad, California, propose improve Palomar Airport Road between Paseo del Norte and C; Vida Roble in the City of Carlsbad, hereinafter referred t "the project" : and WHEREAS , the project requires the acquisition of ce~ real property interests; and WHEREAS, the City of Carlsbad, California, may exercise right of eminent domain for the acquisition of real proF interests therein for streets, drainage facilities, and c purposes pursuant to the California Streets and Highways C Section 4090, and the Government Code, Sections 37350, 373 and 37353; and WHEREAS, the plans for the project within the Citl Carlsbad are on file in the office of the Municipal Proj Department of the City of Carlsbad, California: and WHEREAS, on October 21, 1987, the Planning Commission of City of Carlsbad, California, pursuant to the provisions of California Government Code, Section 65402, found that proposed location, purpose, and extent of the project consistent with the City of Carlsbad General Plan; and /// /// I II 0 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I WHEREAS, on May 17, 1988, pursuant to the California Pi Resources Code, Section 21000 and following, the City COI of the City of Carlsbad, California, certified a neg< declaration for the project; and WHEREAS, the real property of interests therein sought . acquired are located within the territorial limits of the of Carlsbad, California, and are necessary for the pro] pro j ect ; and WHEREAS, the City of Carlsbad, California, has establ the amounts which it believes to be the just compensatiol the hereinafter described real property or interests thc sought to be acquired; and WHEREAS, pursuant to Government Code Section 7267.2, City of Carlsbad, California, has offered to the owners of real property or interests therein the full amount establ. as just compensation for said real property or inte: therein sought to be acquired; and WHEREAS, the City of Carlsbad, California has provided owners of said real property or interest therein a wr. statement and summary of the basis for the amount establ. as just compensation for the real property or interests thc sought to be acquired: and WHEREAS, a reasonable length of time has expired sincc date of the offer to the owners of the real propert interests therein sought to be acquired, and the owners failed to favorably respond to the offers of the amc established by the City of Carlsbad as just compensation; i /// ! 0 0 1 2 '3 4 5 6 7 I a 9 10: 11 12 13 14 15 16 17 18 19 I 20 21: 22 23 24 25 26 27 28 WHEREAS, pursuant to the provisions of the California Cc of Civil Procedure, Section 1245.235, the owners of the property or interests therein sought to be acquired whose 1 and addresses appear on the current equalized COUNTY ASSES: ROLL, have been sent a NOTICE OF INTENTION TO ADO: CONDEMNATION RESOLUTION, and have been provided wit1 opportunity to appear and be heard on the matters referrc in California Code of Civil Procedure, Section 1240.030; a WHEREAS, sufficient funds have been appropriated by the Council of the City of Carlsbad, California, to be depo with the court in the amount of the aforementioned value o real property or interests therein sought to be acquired; NOW, THEREFORE, BE IT RESOLVED by the City Council 0: City of Carlsbad, California, which finds, determines, hereby declares: 1. That the above recitations are true and correct. 2. That the public interest and necessity require proposed project. 3. That the proposed project is planned and located manner which will be most compatible with the greatest p , good and the least private injury. ~ 4. That the real property or interests the] ~ ~ hereinafter described in this Resolution, is necessary fo proposed project . 5. That the proposed project is a matter of p necessity. /// /// 0 0 6. That the use of all and each and every part of 1 2 hereinafter described real property or interests therein fl 3 4 the use and purposes of the proposed project is a public and use authorized by law. 5 6 7. That the public interest and necessity required ' the property or interests therein, hereinafter describe this resolution, be taken. i 8. That the the law firm of Asaro & Keagy, herein; referred to as "Special Counsel" be, and is, author. 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 empowered, and directed, in the name of the City of Carl: to acquire by donation, purchase, or condemnation, accordance with the provisions of the Code of Civil Procc of the State of California related to eminent domain, hereinafter described interests in real property. 9. That Special Counsel is authorized and directec prepare and prosecute in the name of the City of Carlsbad suit or suits in the proper court having jurisdiction thc as are necessary to condemn, take, and acquire said hereina described real property, or any part thereof, for the pro1 pro j ect . 10. That Special Counsel is authorized and directed to an application to said court for an order determining ampunts of money to be deposited as security for the paper the just compensation which will be made for the taking of real property or any part thereof, or interest the necessary for the proposed project and any damage inci thereto, and to make application to said court for an o ~ /// ~ ~ I 11 0 0 permitting the City of Carlsbad to take immediate possessi 1 2 3 and to use said real property and part thereof, or inte therein, sought to be condemned for the proposed project. 4 5 6 7 11. That Special Counsel is authorized and directed tc deposit for such security for such right-of-way out of g funds under the control of the City of Carlsbad in the E determined by the court in the manner directed by the cow 12. That Special Counsel is authorized and direct( : incur on behalf of the City of Carlsbad all reasonablc necessary expenses in the prosecution of a suit or sui condemn said real property. a 9 10: 11 12 13 14 ~ 15 16 18 17 13. That the real property referred to in this res01 is situated in the City of Carlsbad, County of San Diego, .' of California, and is more particularly described il parcel descriptions identified in attached Exhibit incorporated by reference and made a part hereof. /// /// 19 j /// 20 21 22 23 24 25 26 27 /// /// /// /// /// /// /// /// 28 /// I1 /I e a 1 2 3 4 5 6 7 8 14. That the City Council of the City of Carl: California, hereby authorizes and approves deposit with court, funds for the acquisition of real property or inte: therein consistent with the intent of this Resolution. PASSED, APPROVED, AND ADOPTED at a reqular meeting ol Carlsbad City Council held on the 24th day of May 1988, by the following vote: 1 AYES: Council Members Lewis, Kulchin, Pettine and Mamaux 9 NOES: None ABSENT : None lo ABSTAIN: Council Member Larson 11 12 1 I 13 14 15 16 17 18 19 1 20 21 22 23 24 25 26 27 i- I 1 28 j ~ ATTEST: ALETHA 1;. RAUTENKRANZ, Citd Clerk (SEAL) I ~ I , ,: 11 .* .C '* WHEN RECORDED, PLEASE MAIL a THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 l e NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S I Assessor I s Parcel NO. 212-041-05 EASEMENT FOR PUBLIC HIGHWAY Project W.O. No. Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September 8, 198: Hereinafter called GRANTOR do(es) hereby grant, convey and dedicate to t CARLSBAD, State of Cal iforni a, hereinafter called GRANTEE, and easement highway and public utility purposes and incidents thereto, upon, over and I certain real property within the CITY OF CARLSBAD, State of California, dt foll ows : See attached legal description designated Exhibit "A" and attached Acquis designated Exhibit I'B", each made a part hereof by reference. .e e The Grantor hereby further grants to the City of Carlsbad that privilege an extend drainage structures and excavation and 'embankment slopes beyond the there herein described right-of-way where required for the constru maintenance of said City Highway. RESERVING unto grantor of the above parcel of land, his successors or assigns, the right to eliminate such sla drainage structures or portions thereof, when in the written opinion of Engineer of Grantee, the necessity therefore is removed by substitut protection, support and/or drainage facility, provided such substitutior approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing o hereafter grow), and road building materials within said right-of-way, inc right to take water, together with the right to use the same in such man such locations as said Grantee may deem proper, needful or necessar construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any clt and all damages to Grantor's remaining property contiguous to the right-of- conveyed by reason of the location, construction, landscaping or maintenan hi ghway . Dated this day of ¶ 19-0 b Paul Ecke, Sr., Trustee, UTA date( STATE OF )ss. County of 1 On , 19 , before me, the undersigned, a No$ary pu for said County and State, personally appeared personally known to me (or proved. to me on the basis of satisfactory evidc the persons (s) whose name(s) is/are subscribed to the within inst acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Pub1 i c in and for said County and State This is to certify that the interest in real property conveyed by thc . . easement to the City of Carl sbad, a municipal corporation is hereby accer City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee c recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City C1 r' . .) @ .- 0 .( EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel No. 212-041-05 All that portion of Lot 'GI of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego County, November 16, 1896, in the City of Carlsbad, County of San Diego, St; of California, being more particularly described as follows: Beginning at the most southwesterly corner of Parcel 1 of Parcel Map No. 63,. filed in the office of the County Recorder .of said County, September 8, 197 said point a1 so being on the center1 ine 'of Pal omar Airport Road according tc Road Survey No. 1534 on file in the office of the County Surveyor of said County; thence along the westerly line of said Parcel 1, N 3"17'16" W (N 3"18'34" W per Parcel Map No. 6331), 52.00 feet to the TRUE POINT OF BEGINNING; thence continuing along the westerly line of said Parcel 1, N 3'17'16" W (N 3"18'34" W per Parcel Map No. 6331), 41.61 feet; thence leaving said westerly line, S 69"43'15" W, 630.49 feet to the westerly line said Lot 'GI as shown on Record of Survey Map No. 5715 filed in the office I the County Recorder of said County, December 19, 1960; thence along the westerly line of said Lot 'GI, S 0°03'18" W (S 0'31'16" E per Record of Sur$ Map No. 5715), 30.02 feet to the northerly right-of-way line of said Road Survey No. 1534;.thence along the northerly right-of-way line.of said Road Survey No. 1534, N 70"46'53" E (N 70'12'37" E per Record of Survey Map No. 5715), 628.87 feet to the TRUE POINT OF BEGINNING. .. DLW/l cd 268-01 -1 (w) .30I S 0'03' C0"W 30.02' WEST EYZ LY L\NE LOT " 6" MAP NO. 023 A.p. lq. %\GM 475 pgF{-r]gb] m-r ''5'' r'(/"l\lC,WC3 AW/\ ~JLDJCN h.lAP No, 823 Ir' "- \* ,\ ' 8 \- , *. x.. I '. : r , " \-: ' , " I I -1 --_ . "" m -P ??G mu1w 2p+3.&m2= 0.4 &I&. SOUTHWESTEPLY CORNER PARCEL 1 , PM. 6331 PARCEL 1, P.M. 6? N 3" l7''@"W 41.61' ( N 3' 16'' 34" W P E 12 (N 3.16' 34"W PER 1 ~IV~W4lRl~W C ITY OF CAPLSBAD ASSOCIATES 4455 MURPHY CANYON Rcw), SUE 200 CONSULTING ENGINEERS ACQUISITION PLA' Date: q/~/fl By: p. wp,~~ Sheet 1 Of 07987 POUMNEY 8 ASSOCINE& INC EXHIWf "A " SAN DIEGO, CA 92323 (679j 576-9200 Job No. 2 *. y e .. 1, .I WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY ClERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 a NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S I EASEMENT FOR OPEN SPACE Assessor's Parcel NO. 212-041-05 Project Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September 8, 198 Hereinafter designated Grantor (s) do(es) hereby grant, bargai n , convey and unto CITY OF CARLSBAD, a municipal corporation of the State of California, designated Grantee, its successors and assigns, a perpetual easement fc space upon, through, under, over and across the hereinafter describe property subject to the following to wit: 1) A perpetual easement for open space over, upon, across and under the 1 and upon which no building, structure or other thing whatsoever si constructed, erected, placed or maintained on the subject land except be permitted by written permission of the Grantee. 2) The perpetual right, but not the obligation to enter upon the subject 1 remove any buildings, structures or other things whatsoever const erected, placed or maintained on the subject land contrary to an) covenant or condition of this easement. Grantor covenants and agrc itself and its successors and assigns 'as follows: (a) That it shall not erect, construct, place or maintain or pern erection, construction, placement or maintenance of any build structure or other thing whatsoever on the subject land other th building, structures or other things as permitted by written per of the Grantee. *. ' 0 0 ., (b) That within s'ai d opSn space easement, the subject area will be ,1 a, natural state for the protection of endemic biological resources, clearing or removal of any vegetation shall be permitted excep brush clearing for fire protection purposes by written order office of fire services coordinator within said open space easemer except as for 1 andscaping and the placement of drainage structur associated rip-rap within said open space easement, without the 'I authorization of the City of Carlsbad or its successors or assigns, (c) That it shall not excavate or grade or permit any excavating or ! to be done or pl ace or all ow to be placed any sand, soi 1 rock, gra other material whatsoever on the subject land without the w permission of the City of Carlsbad or its successors or as' provided, however, that the Grantor may excavate, grade or place soil, rock or gavel or other material on the subject 1 and as is per by written permission of the City of Carlsbad. (d) That the terms, covenants and conditions set forth herein I specifically enforced or enjoined by proceedings in the Superior C( the State of California. The grant of this easement and its acceptance by Grantee shall not 'author' public or any members thereof to use or enter upon any or any portion subject land, it being understood that the purpose of this easement is sol restrict the uses to which the subject 1 and may be put. This easement shall bind the Grantor and its successors and assigns. To have and to hold said easement and right-of-way unto itself and un. successors and assigns forever with the right to convey said easement, portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easeme right-of-way by this grant is situated in the City of Carl sbad, County Diego, State of California, and is particularly described as follows: See the attached legal description designated Exhibit "A", consisting of 1 and the attached Acquisition Plats, designated Exhibit "B", consisting of 1 each made a part hereof by reference. d.' e -e There ,. 3s reserved to the Gyantor, his successors and assigns, the rig privilege to use the above described 1 and of the Grantor at any time, manner and for any purpose not inconsistent with the full use and 'enjoyment Grantee, its successors and assigns , of the rights and privileges herein gr; Executed this day of 9 19-0 ** STATE OF )ss. County of j On , 19,, before me, the undersigned, a Notary Put and for said County and State, personally appeared personally known to me (or proved .to me on the basis of satisfactory evider be the persons(s) whose name(s) is/are subscribed to the within instrume acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the for corporation grand deed to the City of Carlsbad, a municipal corporation is accepted by the City Council of said City of Carlsbad, California pursu Resolution No. adopted on , and the ( consents to recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Clerk 385.28 IC e .- e- -I I ** EXH I B IT "A" Assessors Parcel No. 212-041-05 All that portion of Lot 'G' of the Rancho Agua Hedionda according to map thereof No. 834 filed in the office of the County Recorder of San Diego County, November 16, 1896, in the City of Carlsbad, County of San Diego, Sti of California, being more particularly described as follows: Beginning at a point on the westerly line of Parcel 1 of Parcel Map No. 633: filed in the office of the County Recorder of said County September 8, 1977 said point also being on the northerly right-of-way of Palomar Airport Road according to Road Survey No. 1534 on file in the office of the County Survej of said County; thence along said northerly right-of-way S 70'46'53" W (S 70'45' 53" W per said Road Survey no. 1534), 20.17 feet; thence 1 eaving si northerly right-of-way line, N 20"16'45" W 47.42 feet to the TRUE POINT OF BEGINNING; thence N 69'43'15" E 17.00 feet; thence N ZO"16'45" W 25.00 feet; thence S 69'43'15" W 64.00 feet; thence S 20'16'45" E 25.00 feet; thence N 69'43'15" E 47.00 feet to the TRUE POINT OF BEGINNING. DLW/se 268-01-1(W)385.29 I * 1 'I= 40' I FOX LOT G X 1-1 0 /\G !J,4 rJd1 QiiJD/\ rl- I i I * ?!\X 1 FA Z EL M, i\J9 wal I- -1 -1 I\A A\ P No 323 APN 2 12-041- 05 .. .- "" .. .... :AKEA TO 'BE ACQU\REP "^ SHONN V//?///1 .. - . 1,600 f'tl = 0.04 AC I EX&\ "67 "B' I I w 5 A LLA NSUlTlNG ENGINEERS OPEN SPACE EA5EMENT 55 MURPHY CANYON ROAD, SUITE 200 N DIEGO, CA 92123 (679) 576-9200 Job No. : 4' .' 9 I 0 WHEN RECORDED , PLEASE %AIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S EASEMENT DRAINAGE Assessor's Parcel NO. 212-041-05 Project Paul Ecke, Sr., Trustee of the Paul Ecke, Sr. , Trust dated September 8, 198 Hereinafter designated Grantor(s) do(es) hereby grant , bargain, convey and unto CITY OF CARLSBAD, a municipal corporation of the State of California, designated Grantee, its successors and assigns, a perpetual easeme right-of-way upon, through, under, over and across the hereinafter describ property for the instal lation, construction, maintenance, repair, repla reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE and all structures incidental thereto, and for the flowage of any waters in upon or through said channel , together with the perpetual right to buildings , structures , trees, bushes, undergrowth, and any other obst interfering with the use of said easement and right-of-way by the Grant successors or assigns. To have and to hold said easement and right-of-w itself and unto its successors and assigns forever with the right to conv easement , or any portion of said easement , to other pub1 ic agencies. The real property referred to hereinabove and made subject to said easem right-of-way by this grant is situated in the City of Carlsbad, County Diego, State of California, and is particularly described as follows: See the attached legal description designated Exhibit ''A" and the ai Acquisition Plats, designated Exhibit "B", consisting of 2 sheets, each part hereof by reference. -, 1 e a. The Grantor hereby further grants to the City of Carlsbad that privilege an extend drainage structures and excavation and embankment slopes beyond the there herein described right-of-way where required for the constru maintenance of said City Highway.. RESERVING unto grantor of the above parcel of 1 and, his successors or assigns, the right to el iminate such sl o drainage structures or portions thereof, when in the written opinion of Engineer of Grantee, the necessity therefore is removed by substitut protection, support and/or drainage facility, provided such substitutior approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing o hereafter grow), and road building materials within said right-of-way, inc right to take water, together with the right to use the same in such man such locations as said Grantee may deem proper, needful or necessar construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any cle and all damages to Grantor’s remaining property contiguous to the right-of- conveyed by reason of the location, construction, landscaping or maintenan hi ghway . Dated this day of Y 19”. Paul Ecke, Sr., Trustee, UTA dater STATE OF )ss. County of ) On , 19 , before me, the undersigned, a Notary Pul for said County and State, persoGlly appeared personally known to me (or proved. to me on the basis of satisfactory evidt the persons(s) whose name(s) is/are subscribed to the within insti acknowledged to me that helshelthey executed the same. Witness my hand and offi cia1 seal . Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the . easement to the City of Carl sbad, a municipal corporation is, hereby accef City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee cc r’ecordation thereof by its duly authorized officer. Dated BY ALETHA 1. RAUTENKRANZ, City C1 I @ .. e. ., EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel No. 212-041-05 All that portion of Lot 'G' of the Rancho Agua Hedionda according to map thereof No. 834 filed in the office of the County Recorder of San Diego County, November 16, 1896, in the City of Carlsbad, County of San Diego, St; of California, being more particularly described as follows: BEGINNING at a point on the westerly line of said Lot "G" at its intersectic with the northerly right-of-way line of Road Survey No. 1534, on file in thc office of the County Surveyor of said County; thence along said westerly lir N 0'03'18" E (N 0'02'02'' E per said Road Survey No. 1534) , 35-55 feet; thenc leaving said westerly line, N 19'30'03" E 32.71 feet; thence S 70'29'57" E 20.00 feet; thence S 19'30'03" W 59.69 feet to said northerly right-of-way line; thence along said northerly right-of-way line, S 70'46'53" W (S 70'45'53'' W per said Road Survey No. 1534), 10.46 feet to the POINT OF BEGINNING. Together with the following described portion of said Lot "Gl': Beginning at a point on the westerly line of Parcel 1 of Parcel Map No. 633 filed in the office of the County Recorder of said County September 8, 1977 said point also being on the northerly right-of-way of Palomar Airport Road according to Road Survey No. 1534 on file in the office of the County Surve, of said County; thence along said northerly right-of-way S 70'46'53" W (S 70'45'53" W per said Road Survey no. 1534), 20.17 feet to the TRUE POINT BEGINNING; thence leaving said northerly right-of-way line, N 20Y6'45" W 47.42 feet; thence N 69'43'15" E 17.00 feet; thence N 20'16'45'' W 25.00 fee thence S 69'43'15" W 64.00 feet; thence S 20'16'45'' E 25.00 feet; thence N 69'43'15'' E 17.00 feet; thence S 20'16'45" E 46.86 feet to said northerly right-of-way line; thence along said northerly right-of-way line, N 70"46'53" E 30-01 feet to the TRUE POINT OF BEGINNING. DLW/se 268-01-l(W)347.82 I r.. , ' 1'. #' Fcm LOT G W-D AWJA XDJ OND. MA\ F hIU 323 APN 20-041. -05 WESTERLY LINE LOT'G' RHO 44UA HEDDNDA, MAP NO. I AREA TO gE ACaUIRED SHOWN m 1099.50 C+"= 0.02 Ac. I EXHIBIT'& memmmmmw CITY OF CARL-0 ASSOCIATES ACQUISITION PLA I CONSULTING ENGINEERS 4455 MURPHY CANYON W, SUm 200 57~gp1 mAiN EASMEhlT SAN DIEGO, CA 92T23 (619) 576-9200 Job No. !2 A1-7 -1 IAl7ilTV 0 ACCr\rIA7lZC IAlP Dater Bv: Sheet I 0 m il .. '. ' I ab' e 1 7 -.. . . .. I '. PA\ 2 J PA\ FKEL J\/1/\ ,. -':FgF{ l-g-r .G b10 PP OOJI --) FMJ k\G!Jh\ J"mbIDk\ MA\? 1\10 a23 Il- CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 c,?3RN1 DWhl €AGEMEAT ..\ SAN DIEGO, CA 92123 (679) 576-9200 e 9 WHEN RMXIRDED, PLEASE MAIL THIS IN- To: CITYcXlmK CITY OF CARLSW 1200 ELM AVENUE CARLSBAJI, CA 92008 NO TRANSFE;R TAX DUE SPACE AEOVE FOR mmER'S USE ONLY EEEXElWEDR€UKLiCCHIGHWM Assessorts Parcel NO. 212-040-25 Project W.O. No. Morgan/Palmar Industrial I, a California Limited -p, hereinafter called GRANTDR do(-) herdy grant, convey and dedimte to the ( CARLSW, State of California, hereinafter called GRANTEE, an easement for highway and public utility purposes and incidents thereto, upon, over and am Certain real property within the CITY OF CARLSW, State of California, descr: follm: See the attached legal description designated Exhtibit "A:, consisting of 2 she the attached Acquisition Plat designated -it "B:, each made a part her reference. -. 0 e The Grantor hereby further grants to the City of Carl sbad that privilege a extend drainage structures and excavation and embankment slopes beyond th there herein described right-of-way where required for the constr maintenance of said City Highway. RESERVING unto grantor of the abovt parcel of land, his successors or assigns, the right to eliminate such sl drainage structures or portions thereof, when in the written opinion o Engineer of Grantee, the necessity therefore is removed by substitu protection, support and/or drainage facility, provided such substitutio approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees , growths (growing ( hereafter grow), and road building materials within said right-of-way, in( right to take water, together with the right to use the same in such mar such locations as said Grantee may deem proper, needful or necessal construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any cl and a1 1 damages to Grantor's remaining property contiguous to the ri ght-of conveyed by reason of the 1 ocati on, construction, 1 andscapi ng or maintena: highway. Dated this day of Y 19" STATE OF )ss. County of ) On , 19,, before me, the undersigned, a Notary Put for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidc the persons(s) whose name(s) is/are subscribed to the within instr acknowledged to me that he/she/they executed the same. Witness my hand and offici a1 seal . Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the easement to the City of Carl sbad, a municipal corporation is hereby accep Cit.y Council of said City of Carlsbad, California pursuant to Resolution - No. adopted on , and the Grantee co recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ , City Clc 0 0 EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel 212-040-25 That portion of that certain parcel of land shown and designated as "Description No. 3, 78.07 acres" on Record of Survey Map No. 5715, filed in the office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, according to map thereof No. 823, filed in the office of the County Recorde of San Diego County, November 16, 1896, in the City of Carl sbad, County of San Diego, State of California, lying southerly of the centerline of Paloma Ai rport Road, as shown on County of San Diego Road Survey No. 1534, on fi 1 e the office of the County Surveyor of said County, being more particularly described as fol 1 ows : Beginning at a point on the centerl ine of said Road Survey No. 1534, distanc thereon 110.74 feet from the beginning of a tangent curve concave southwesterly and having a radius of 1,200.00 feet, said beginning of curve being designated Engineers' Station 99+10.74 on said Road Survey No. 1534; thence from said centerl i ne point , in a straight 1 i ne to the most northerly corner of that certain parcel of land shown and designated as "Description No. 5, 103.54 acres'' on said record of Survey Map No. 5715, S 7'54'57" W 50.11 feet to the southwesterly right-of-way 1 ine of Palomar Airport Road as shown on said Road Survey No. 1534, said point being the TRUE POINT OF BEGINNING; thence along said southwesterly right-of-way line N 78O19'53" W (N 78'20'53'' W per Road Survey No. 1534), 1,404.64 feet to the most northeasterly corner of Parcel "D" of Parcel Map No. 2993, filed in the offi of the County Recorder of said County, August 23, 1974; thence along the southeasterly line of said Parcel "D", S 14'10'59" W (S 13"36'43" W per Parc Map No. 2993) 13.01 feet; thence leaving said southeasterly line parallel wi the southwesterly line of said Road Survey No. 1534, S 78'19'53" E DLW/skg 268-01-1(~).229.51 Dnnn 1 F . 0 0 (S 78O20'53" E per Road Survey No. 1534) 1,226.05 feet to the beginning of tangent curve concave southwesterly and having a radius of 1,937.00 feet; thence easterly along said curve through a central angle of 5'20'56" an art length of 180.83 feet to the intersection with a line drawn from the TRUE POINT OF BEGINNING to the most northerly corner of said "Description No. 5' shown on said Record of Survey Map No. 5715; thence along said line N 7"54'57" E 21.48 feet to the TRUE POINT OF BEGINNING. DLWlskg 268-01-1 (w) .229.51 Page 2 1 . ,. .- 1; 0 \ " I APN = 212 -040 -25 1 4 E B 0 3s h ,&Ra TO B€ ACGURCD 2 WWN lzzi b77 I. 08 Rz = 0.43pC* maummmmk' I ASSOCtAfES ACWSITION PLAl C/TY OF CARLS0AD CONSUUlNG ENGINEERS 4455WRPHYCANYONRQ4D,surn200 SAN DIK;o, CA 92123 (679) 576-9200 Job No.26, jZXMlk3lT df9 * ' O79c17 POClMNEY & ASSOUATEX INC Date: 9/ao/s7 By: 0. WANL Shoot I Of '1 1 0 I @ WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S Assessor's parcel NO. 212-040-25 EASEMENT DRAINAGE Project Moqan/Palcrmar Industrial I, a California Limited Pa&mr&ip, hereinafter designated Grantor (s) do (es) hereby grant, bargain, convey and j unto CITY OF CARISBAD, a municipal corporation of the State of California, designated Grantee, its successors and assigns, a perpetual ease;ment and right- upn, through, under, over and arross the hereinafter described real property j installation, construction, maintenance, repair, replacement, reconstructic inspection of an enclosed or unenclosed flood DRAINAGE channel and all stn incidental thereto, and for the flcmge of any waters in, over, upon or throu< chamel, tqether with the perpetual right to remove buildings, structures, bushes, unde, and any other obstruction interfering with the use o easement and right-of-way by the Grantee, its successors or assigns. To have hold said easement and right-of-way unto itself and unto its successors and i forever with the right to convey said easement, or any portion of said easerm other public agencies. The real property referred to hereinabove and made subject to said easement and of-way by this grant is situated in the City of Carlsbad, County of San Diego, of California, and is particularly described as follows: See the attached legal description designated Exhibit "A, consisting of 2 sheet the attachd Accpisition Plat designated Exhibit "B: , consisting of 3 sheets eac a part hereof by reference. ;7 .. 4. r;. && The Grantee shall have the right to fence all or any portion of said ea herein conveyed within which there is installed or constructed an unenclosed drainage channel The Grantee, it successors and assigns, shall be respo for operating, maintaining, and keeping in good repair the above described of improvement. The Grantor, his successors and assigns, reserves the right to enclose in a approved by the Grantee, its successors and assigns, any portion of an unen flood drainage channel provided such enclosure is constructed or instal 1 el 1 i censed contractor in accordance with plans and specifications approved by the satisfaction of the Grantee, its successors and assigns. In granti approval, the Grantee, its successors and assigns, may impose rea: conditions, including, but not limited to, the filing by the contractor or G of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor, his successors and assigns, the rig1 privilege to use the above described 1 and of the Grantor at any time, manner and for any purpose not inconsistent with the full use and enjoyment Grantee, its successors and assigns, of the rights and privileges herein gra Executed this day of 9- 19 ~~~~~ STATE OF >ss. County of ) On 9 19-3 before me, the undersigned, a Notary Pub and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory eviden be the persons(s) whose name(s) is/are subscribed to the within instrum acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the for easement to the City of Carl sbad, a municipal corporation is hereby accep. the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee conser recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Cle .. '. e 0 EXHIBIT LEGAL DESCRIPTION Assessors Parcel No. 212-040-25 All that portion of Lot "G" of the Rancho Agua Hedionda according to map thereof No. 823 f i 1 ed in the office of the County Recorder of San Diego COI November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a point on the southerly right-of-way of Road Survey No. 1534 file in the office of the County Surveyor of said County, know as Palomar Airport Road, at Engineer's Station 78+25.34 E.C.; thence along said southe right-of-way S 78'19'53'' E (N 78'20'53'' W per said R.S. 1534) 702.77 feet t the TRUE POINT OF BEGINNING "A"; thence leaving said southerly right-of-wa) S 11'40'07" W 60.00 feet; thence S 78'19'53'' E 20.00 feet, thence N 11'40'( 60.00 feet to said southerly right-of-way; thence along said southerly right-of-way, N 78'19'53" W 20.00 feet to the TRUE POINT OF BEGINNING "A". Together with the following described portion of said Lot "G": Beginning at a point on the southerly right-of-way of Road Survey No. 1534 file in the office of the County Surveyor of said County, know as Palomar Airport Road, at Engineer's Station 78t25.34 E.C.; thence along said southe right-of-way S 78'19'53" E (N 78'20'53" W per said R.S. 1534) 1,255.77 feet the TRUE POINT OF BEGINNING "B"; thence leaving said southerly right-of-way S 11'40'07" W 63.00 feet; thence S 78'19'53" E 20.00 feet; thence N 11'40'07" E 63.00 feet to said southerly right-of-way; thence along said southerly right-of-way, N 78'19'53'' W 20.00 feet to the TRUE POINT OF BEGINNING "B". DLW/se 268-01-1(W)347.76 Paae 1 0 e Together with the following described portion of said Lot "G": All that portion of that certain parcel of land shown and designated as "Description NO. 3, 78.07 acres" on record of Survey Map No. 5715, filed in the office of the County Recorder of San Diego County, December 19, 1960, lying southerly of the centerline of Palomar Airport Road, as shown on Road Survey NO. 1534, on file in the office of the County Surveyor of said County being more particularly described as follows: Beginning at a point on the center1 ine of said Road Survey No. 1534, distanc thereon 110.74 feet from the beginning of a tangent curve concave southwesterly and having a radius of 1,200.00 feet, said beginning of curve being designated Engineer's Station 99+10.74 on said Road Survey No. 1534; thence from said centerline point, in a straight line toward the most northerly corner of that certain parcel of land shown and designated as "Description No. 5, 103.54 acres", on said Record of Survey Map 5715, S 7'54'57" W 71.59 feet to the TRUE POINT OF BEGINNING "C"; thence continuir along said line, S 7'54'57" W 47.83 feet; thence leaving said line S 80'00'00" W 27.70 feet to the beginning of a tangent curve concave southeasterly and having a radius of 40.00 feet; thence southwesterly along said curve through a central angle of 40'00'00" an arc length of 27.93 feet; thence tangent to said curve S 40'00'00" W 100.00 feet; thence N 82'50'18" h 147.10 feet; thence N 72'00'00" E 120.00 feet; thence N 4O"OO'OO" E 78.00 fc to the beginning of a tangent curve, concave southeasterly and having a radi of 100.00 feet; thence northeasterly along said curve through a central angl of 49'14'37" an arc length of 85.95 feet to an intersection with a non-tange curve concave southerly and having a radius of 1,937.00 feet, a line radial said 1,937.00 foot curve bears N 16'09'12'' E, and a line radial to said 100. foot radius curve bears N 00'45'23'' W; thence easterly along said 1,937.00 foot curve through a central angle of OO52'18" an arc length of 29.47 feet t the TRUE POINT OF BEGINNING "C". DLW/se 268-01-1 (W)347.76 Page 2 ( I =-razz mu1Yza3 WN = lm2= 0.03pL. pm L9-r' G F+D AGUA\ FEm J\/IA\F> No, 323 ApH &I%, w- z5 I E" 'e' actaUcIuW4@HW - .- , CITY QF CARL50AD ASSOCIATES ACQUISITION PLA I STORM WIkl MEMENT Job NO.~ CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, sum 300 SAN Dl-, CA 92123 (679) 576-9200 Q7987 WUMNEY & AssoQATEs. INC Date: 4 \*I 6(1 By: '0. WL Sheet I 0' - rn -ID e5 WIW @Ww zzr 1uQ.w qt2 = 0.mW POFI Lor G FW AGU! J-LDIOND MAP N 9, 323 Ir' wim '0' b6@4!IWWlrnW CITY Cf CARL5BAO ASSOCIATES ACQUISITION PLA I CONSUUING ENGINEERS 4455 MURPHY CANYON ROAD, sum 200 ~DRM DRAIN F"E Job No.2 SAN WEGO, CA 92123 (679) 576-9200 "-A- LA. .L m IPV rn ACCWIATCC IAI~ Date: a/hnIM BY: D.WL ShOOt~O 06G\NH\bE "C" h!MP 1\J 0,823 p14JW~-o49&@ . k!7!l'i!J I & ftz%3/LL I me@&Immmw ASSOCIATES ~cF=mU%?w ACQUISITION PLA CONSUUNG ENGIN€ERS STORM OSpIiN &45I9" 4455 MURPHY CANYON ROAD, SUE 200 WIrn113' SAN DIEGO, CA 92123 (679) 576-9200 Sob No. 4 07987 POUMNEY & AssouATEs# INC Date: 4/&[m By: D. L\)ML Sheet 30 ~~ L " ' 0 I 0 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S Assessorts parcel NO. 212-040-25 EAsm FOR OPEN SPACE Project Morgan/Palanar Industrial I, a California Mted partslerskip, hereinafter designated Grantor(s) do(-) hereby grant, bargain, convey and : unto CITY OF CARISM, a municipal corporation of the State of California, designated Grantee, its successors and assigns, a perpetual easement and right. upon, through, under, over and arross the hereinafter described real property : to the following to wit: 1) A perpetual easement for open space over, upon, across and under the subjec upon which no building, structure or other thing whatsoever shall be con& erected, placed or maintained on the subject land except as may be permil written permission of Grantee. 2) The perpetual right, but not the obligation to enter upon the subject 1; remove any buildings, structures or other things whatsoever constructed, e placed or maintained on the subject land contrary to any term, cover condition of this easement. Grantor convents and agrees for itself a successors and assigns as follows: (a) That it shall not erect, construct, place or maintain or perm erection, construction, placement or maintenance of any build: structure or other thing whatsoever on the subject land other thz building, structures or other things as permitted by written permis the Grantee. .. . * I. 0 .. 0 (b) That within said open space easement, the subject area will be natural state for the protection of endemic biological resources, clearing or removal of any vegetation shall be permitted excel brush clearing for fire protection purposes by written order office of fire services coordinator within said open space easeme except as for 1 andscaping and the placement of drai nage , struct ur associated rip-rap within said open space easement, without the 1 authorization of the City of Carlsbad or its successors or assigns (c) That it shall not excavate or grade or permit any excavating or to be done or place or allow to be placed any sand, soil rock, gr other. material whatsoever on the subject land without the H permission of the City of Carlsbad or its successors or as provided, however, that the Grantor may excavate, grade or plact soil, rock or gavel or other material on the subject 1 and as is pe. by written permission of the City of Carlsbad. (d) That the terms, covenants and conditions set forth herein specifically enforced or enjoined by proceedings in the Superior Cc the State of California. The grant of this easement and its acceptance by Grantee shall not author' public or any members thereof to use or enter upon any or any portion subject land, it being understood that the purpose of this easement is so' restrict the uses to which the subject land may be put. This easement shall bind the Grantor and its successors and assigns. To have and to hold said easement and right-of-way unto itself and un successors and assigns forever with the right to convey said easement, portion of said easement , to other public agencies. The real property referred to hereinabove and made subject to said easeme right-of-way by this grant is situated in the City of Carlsbad, County 1 Diego, State of California, and is particularly described as follows: See the attached legal description designated Exhibit "A", consisting of 2 s and the attached Acquisition Plats, designated Exhibit "B", consisting of 1 each made a part hereof by reference. '* . . a- .. 0 There is reserved to the Grantor, his successors and assigns, the ril privilege to use the above described land of the Grantor' at any time, manner and for any purpose. not inconsistent with the full use and enjoyment Grantee, its successors and assigns, of the rights and privileges herein gr Executed this day of 9 19-2 STATE OF )ss. County of 1 On 9 19-, before me, the undersigned, a Notary Pu and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidet be the persons(s) whose name(s) is/are subscribed to the within instrume acknowledged to me that he/she/they executed the same. Witness my hand and offici a1 seal . Notary Pub1 ic in and for said County and State This is to certify that the interest in real property conveyed by the fol corporation grand deed to the City of Carlsbad, a municipal corporation is accepted by the City Council of said City of Carlsbad, California pursu Resolution No, adopted on , and the C consents to recordation thereof by its duly authorized officer. Dated BY ALETHA 1, RAUTENKRANZ, City Clerk 385.26 a .: e EXHIBIT "A*' Assessors Parcel 212-040-25 That portion of that certain parcel of land shown and designated as "Description No. 3, 78.07 acres'' on Record of Survey Map No. 5715, filed in the office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, according to map thereof No. 823, filed in the office of the County Recordel of San Diego County , November 16, 1896, in the City of Carl sbad, County of San Diego, State of California, lying southerly of the centerline of Palomar Airport Road, as shown on County of San Diego Road Survey No. 1534, on file the office of the County Surveyor of said County, being more particularly described as foll ows: Beginning at a point on the centerline of said Road Survey No. 1534, distanc thereon 110.74 feet from the beginning of a tangent curve concave southwesterly and having a radius of 1,200.00 feet, said beginning of curve being designated Engineers' Station 99+10.74 on said Road Survey No. 1534; thence from said centerline point, in a straight line to the most northerly corner of that certain parcel of land shown and designated as "Description No. 5, 103.54 acres" on said record of Survey Map No. 5715, S 7'54'57" W 71.59 feet to the TRUE POINT OF BEGINNING, said point being on a curve concz southerly and having a radius of 1,937.00 feet, a radial line to said point bears N 17"01'03" E; thence westerly along said curve through a central angl of 05'20'56" an arc length-of 180.83 feet; thence tangent to said curve N 78'19'53" W 1,226.05 feet to the easterly line of Parcel Map No. 2993 file in the office of the County Recorder of said County, August 23, 1974; thencc along said easterly line, S 14"10'59" W (S 13'36'43" W per said Parcel Map b 2993) 47.86 feet; thence N 84"OO'OO" E 19.89 feet; thence N 23"OO'OO" E 30.00 feet; thence S 78'00'00" E 243.00 feet; thence S 77"30'00" E 548.00 feet; thence S 8O"OO'OO" E 198.00 feet; thence S 79"OO'OO" E 196.00 feet; thence S 81"OO'OO" E 54.87 feet; thence S 31"30'00" E 35.64 feet; thence S 46'00'00" W 14.03 feet; thence South 20.( feet; thence S 48"OO'OO" W 60.00 feet; thence S 68"OO'OO" W 80.00 feet; ther DLW/se 268-01-4( W) 385.27 Page 1 1: .\ 0 .. 0 S 16"OO'OO" E 30.00 feet; thence S 82"OO'OO" E 122.00 feet; thence S 60"OO'OO" E 75.00 feet; thence S 74"OO'OO" E 31.99 feet to intersection wi a line drawn from the TRUE POINT OF BEGINNING to the most northerly corner c said "Description No. 5" shown on said Record of Survey Map No. 5715; thence along said line N 7"54'57" E 197.72 feet to the TRUE POINT OF BEGINNING. DLW/se 268-01-4(W)385.27 Page 2 mrl~rley. B H5SUCl.3tes Il-H.3y-Bti P~.o$ct: ,668-014 01:49 PB User 1.11. rmber: 4 Pal Arpt, Bil blest OiS Easeaerrylts e 0 .. G E 0 d ft E d Listinq 1781 343543.5527 bS02'3.1337 " i!-,sh -5" 20' 56,QO' LI l&js8300 T= 94.4807 347651.4634 67yj56.294Q i6@ 344598 ~ $329 &j(j@ ~ 053g 1697 llQ3 :iq>749.y@ 6y!zs$5,&1$5 1038 3qjy52 *Q75!$ 678855 li 3998 H 17" 01' 03.w E tBm H:~T.GOM H 11" 40' 07.0Q6 E iMD) 1937.0#0i:1 H 78" 13' 53,040 u I22fi,05$0 2 145 16; 5qn$g' g 4:.852i'! $j 24" 00' pJ,rjQ' $ 1gag9(3 tj 23" 022 QO&' E 20, gjcjQ - "_ .,, -7"- '.-..-,r- '-3C;C 17, Jq)[Yb,f\,!iZ V,Qd<{ ,3417 - 7- ;i)>? 3@774,&9+1 1;7a"i- c:3: * - 1Lj.j *- - 5 78" $0; O#.(j@i E '341 iq00 !O$I:, 349:729;1911; 6?9!04.8116 1041 3$4&10,5r;2& 579639.8218 393576.zm 679834.3138 .. :a;;:,; x.,&.:.. *7g17 lj,5cQ29 ..2127 "L.Y s 77" 30' $Q.QQ' E " 548,00i?O s 80" (20; QO.00' E : s:q fin,>? s 7q* #C' 40.003 E 196.!;fjg 5 81" 00' $Q,Qfi' E 54 n??; 5 31" 34' 00.0fj' f: 25 -... > ;.?Ti, JL > - s 46" Go< 00.($' id 1$,$2yQ s 0" !)<I' @].00~ E zfj, !3:1?:0 s $2" $0' gQ.gg' id 60 .+]$$ 1042 i>i."S%J 1043 - _"" .ntii. io44 - ," s r .yqJ E' .-.- - - - ll.J*.J v 1 >-.,"iLfJ hsQ100.Q28g 1444 3$9450.067:1i 68ij!:i89.3379 ',LX\.L.rG i .,.'u,.YJ/9 iO48 .;$9g>: ,121'15 ij$jgo45 I/ 3$22 3 iv iq 34y;I.y?*yy"q g7557; j. 1745 ;$5!, 34933!*1131 &79p3,4436 1051 3$*y$54.].3i.I,C 68QiQ$=2?&3 : fly2 r ,sf\-,-, '.2[.$ cl;F,$i>c ,-,,-~-4 <a, "-3JT= "_ I &I * &GOi, i LU4 349330:s.til77 GrjO195.3542 1781 :3495V$*&527 r,80223.i83'7 '1 ..4' .,I-. .J*2.~~tJ, 1980 i:.'acCBi ,4082 - j"- -_ 7 r 47 2 ,;;. 2,L-I: 3$,yyi; cz,-5 gej.,r,zq --r S 3s" QQ' Q0.QQ3 # 80 * CQQ$ s Ilj" GB' $(),($' F; '0 5 - ..rcvQ ,"?: ;.. 1 s $ja" #o' o$1.g9' E i22,Gp;Q S 68" $i]; (]O.@jz E 7- j .;, 1'.3.5j JL $ .2 5 :>" _. ,- - 7 - - I Y .- s 74" 06; #~.#~' E .:I q;ya i.? .JAW ~ b. % 7" 54' 57.01' E 1?7.7189 Aap3 = I _. 52173.265 sq.ft Pt.r.ia\et;er = 34l0.877 ft. - - 1,1977 acres , .. r*' * : ." - N " 1" = 200' ' N 70" 19' 53'' W 1 1 0.74' / / A r N 07" 54'57" E 12.W' ENGINEERS S-TAT\ON +.jy I. TRUE POINT OF BEG 99" 10.74, RS. 1534, B.C. - c \,fiK--;$!z;; A = 05"20'5(01;) . I 3 I .49' I- . .- -- ~~O-Oj Wj-- T L, = = 100*03' 90.40' m i R = 1937.00 [ N 60" ooloo" N $32" 00' 00" 1 75.00' 122.00' I 16" bo '00'' l+ 0000' L70.00' 30.00' @ N 100"UO'OO" E 0 N 40°0U'00"E @ NORTH @ N 4d0 00' 00'' E @ N 31" 3O'OO'' W 20.00' 14.03' 3 5.64' 0 N $looo'oo'' w 54.07' I// 47.06' LASTEW L\NE 'I PARCEL MAP NO- 24% APN 212 -04-0 -25 AREA TO BE ACQUIREO 5;HDL^INED EZZZl EXHID11 '5' c I CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (619) 576-9200 i GIlY OF CA6LGDAP OPEN SPACE EA5EMEN-T Job No. 't I I * 0 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 .ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE I SPACE ABOVE FOR RECORDER'S EASEMENT FOR PUBLIC HIGHWAY Assessor Is Parcel NO. 212-040-26 Project W.O. No. NAZEAH ALADRAY and JOSEPHINE ALADRAY as Trustees of the Aladray family T September 9, 1980. Hereinafter called GRANTOR do(es) hereby grant, convey and dedicate to 1 CARLSBAD, State of California, hereinafter called GRANTEE, and easement highway and public utility purposes and incidents thereto, upon, over and certain real property within the CITY OF CARLSBAD, State of California, d follows: See the attached legal description, designated Exhibit "A", consisting of 2 the attached Acquisition Plat, designated Exhibit "B", each made a part reference. \ 0 0 The Grantor hereby further grants to the City of Carlsbad that privilege 2 extend drainage structures and excavation and embankment slopes beyond tk there herein described right-of-way where required for the constr maintenance of said City Highway. RESERVING unto grantor of the abov parcel of land, his successors or assigns, the right to eliminate such sl drainage structures or portions thereof, when in the written opinion ( Engineer.of Grantee, the necessity therefore is removed by substitl protection, support and/or drainage facility, provided such substitutic approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing hereafter grow), and road building materials within said right-of-way, ir right to take water, together with the right to use the same in such ma such locations as said Grantee may deem proper, needful or necessa construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any c’ and a1 1 damages to Grantor’s remaining property contiguous to the ri ght-ol conveyed by reason of the location, construction, landscaping or maintene hi ghway . Dated this day of 3 19” - - - STATE OF )ss . County of 1 - On , 19-, before me, the undersigned, a Notary PI for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evic the persons(s) whose name(s) is/are subscribed to the within ins1 acknowledged to me that he/she/they executed the same. Witness my hand and official seal . Notary Public in and for said County and State This is to certify that the interest in real property conveyed by th easement to the City of‘ Carl sbad, a municipal corporation is hereby acce City Counci 1 of said City of Carl sbad, California pursuant to Resolution No. adopted on , and the Grantee ( recordation thereof by its duly authorized officer. Dated BY ALETHA 1. RAUTENKRANZ, City C I. - w w gNG\ N EERS 5TA 99 + 10.74. 1 c.UKVC DATA Ks 1,lBO.OO' Ls 97.G62t z q MAP blo 82.3 I Ii2VJ - /;z 1. -1 Nom-l-iESLY CQK .OF: tE5CRlPTIOM W.5 103.54 AM- MA? / ,Lm SURVEY W, 5716 -R-m% / / / vA LQ-r"G" J\/G\P bD. 223 \ ~~ -k J IS3 NGB044 '20" W 0.17 ' AREA TO DE ACGUJIKED SHOWFJ czzzzzI azsw I Fkc = 0. lo e, DETAIL A k zz' .. NO. If - No" TO -E ma5mwmmw GW OF" ASSOCIATES ACQUISITION PLA' I CONSULTING ENGINEERS I E%L" [I @I\ 4455 MURPHY CANYON ROAD, Sum 200 I SAN DIEGO, CA 92723 (679) 576-9300 I Job No. 4 ""_ ". .. " ". . - . " - - ~~~ --Aa.. A / - If) A W%--- I- . * L # I. 4SLA-A * AA c 0 LEGAL DESCRIPTION Assessors Parcel 212-040-26 A1 1 that portion of that certain parcel of land shown and designated as "Description No. 3, 78.07 acres" on record of Survey Map No. 5715, filed in the office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, according to map thereof No. 823, filed in the office of the County Recordc of San Diego County, November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, lying southerly of the centerline of Palomz Airport Road, as shown on County of San Di ego Road Survey No. 1534, on filc the office of the County Surveyor of said County, being more particularly described as fol 1 ows : Beginning at a point on the centerline of said Road Survey No. 1534, distar thereon 110.74 feet from the beginning of a tangent curve concave southwesterly and having a radius of 1,200.00 feet, said beginning of curvC being-designated Engineers' Station 99+10.74 on said Road Survey No. 1534; thence from said centerline point, in a straight line toward the most northerly corner of that certain parcel of land shown and designated as "Description No. 5, 103.54 acres", on said record of Survey Map No. 5715, S 7'54'57" W 50.11 feet to the southerly right-of-way of said Road Survey No. 1534, said point being the TRUE POINT OF BEGINNING; thence along said southerly right-of-way S 78'19'53" E (S 78'20'53'' E per Road Survey No. 15: 107.46 feet to the beginning of a tangent curve concave southwesterly and having a radius of 1,150.00 feet; thence easterly along said curve through central angle of 1'52'28" an arc length of 37.62 feet to the westerly line Carlsbad Tract No. 82-4, according to Map thereof No. 11358 on file in the office of the County Recorder of said County; thence along said westerly li S 13'32 '35" W (S 13O32'04" W per Map No. 11358) 39.52 feet; thence leaving said westerly 1 ine, N 68O44'20" W 0.17 feet to the beginning of a tangent curve concave southwesterly and having a radius of 1,937.00 feet; thence DLW/skg 7m~n1-1 (,.,I 770 ~7 D.." 1 ., e e * westerly along said curve, through a central angle of 4O14'37" an arc lengt of 143.46 feet to the intersection with a line from the TRUE POINT OF BEGINNING to the most northerly corner of said "Description No. 5"; thence along said line N 7O54'57'' E 21.48 feet to the TRUE POINT OF BEGINNING. DLWIskg '* . a 0 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 I I NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S EASEMENT FOR PUBLIC HIGHWAY Assessor's Parcel NO. 211-040-08 & 211-040-09 Project W.O. No. CARLTAS COMPANY, a California Limited Partnership. Hereinafter called GRANTOR do(es) hereby grant, convey and dedicate to CARLSBAD, State of California, hereinafter called GRANTEE, and easement highway and public utility purposes and incidents thereto, upon, over and certain real property within the CITY OF CARLSBAD, State of California, 1 Bo1 1 ows : See the attached legal description designated Exhibit "A" consisting of ; attached Acquisition Plat designated Exhibit "B", each made part hereof by * The Grantor hereby ether grants to the City of Car isbad that privilege ar extend drainage structures and excavation and embankment slopes beyond thc there herein described right-of-way where required for the constrt maintenance of said City Highway. RESERVING unto grantor of the above parcel of land, his successors or assigns, the right to eliminate such slc drainage structures or portions thereof, when in the written opinion 0' Engineer of Grantee, the necessity therefore is removed by substitu: protection, support and/or drainage facility, provided such substitutiot approved i~n writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing c hereafter grow), and road building materials within said right-of-way, inc right to take water, together with the right to use the same in such man such locations as said Grantee may deem proper, needful or necessar construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any cli and all damages to Grantor's remaining property contiguous to the right-of- conveyed by reason of the location, construction, landscaping or maintenan highway . Dated this day of 9 19" e STATE OF )ss. County of 1 On , 19 , before me, the undersigned, a Notary Pub for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidel the persons(s) whose name(s) is/are subscribed to the within instrl acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the easement to the City of Carlsbad, a municipal corporation is hereby accept City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee cor recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Cler 0 0 LEGAL DESCRIPTION Assessors Parcel Nos. 211-040-08, -09 A1 1 that portion of Lot 'H ' of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego Cou November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a point on the easterly line of said Lot 'HI, said point being the point of intersection with the centerline of Road Survey No. 1534, file in the office of the County Surveyor of said County, and shown on Record of Survey Map No. 5715 filed in the office of the County Recorder, December 19 1960; thence along the easterly line of said Lot 'Hi S 0'03'18" W (S O"31'16" E per Record of Survey Map No. 5715), 52.97 feet to a point on . southerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County; thence along said right-of-way S 70'46'53" 1 80.42' (S 70'45'53"W per R.S. No. 1534) to the TRUE POINT OF BEGINNING; the leaving said southerly line S 69'43'15" W, 391.30 feet to the beginning of tangent curve, concave northerly and having a radius of 2,313.00 feet; then westerly along said curve through a central angle of 22'27'14'' an arc lengt of 906.45 feet; thence tangent to said curve N 87'49'31" W 1,134.49 feet to the beginning of a tangent curve concave southerly and having a radius of 2,187.00 feet; thence westerly along said curve through a central angle of 4'20'02'' an arc length of 165.43 feet; thence tangent to said curve S 87O50'27" W 109.17 feet to the beginning of a tangent curve, concave northerly and having a radius of 2,313.00 feet; thence westerly along said curve through a central angle of 4'20'54". an arc length of 175.54 feet; the tangent to said curve N 87'48'39'' W 24.15 feet to the northeast corner of Parcel 3 of Parcel Map No. 195 on file in the office of the County Recorder said County recorded January 30, 1970; thence N 64"15'30" E 72.60 feet to ti southerly right-of-way of said Road Survey No. 1534; thence along said southerly right-of-way S 87'49'31"E 1,605.96 feet to the beginning of a tangent curve, concave northerly and having a radius of 2,050.00 feet; then DLW/se 0 e easterly along said curve through a central angle of 21'23'36" (21'23'39" pt Road Survey No, 1534), an arc length of 765.44' ; thence tangent to said curl N 70'46'53"E, 467.59 feet to the TRUE POINT OF BEGINNING. DLM/se 1, t L ~ QG L "d-, um %> - =$ cc\o "0 ei *up- y 35 ?i e. $& -% WyQ 0 23% L3 " rd \3* 0 a &\ APN 211 -040 -00 211 -&w -04 - AREA TO BE. KQUIKED SHOWN Ba %Z5,cW6.74f12= 0.76 G. EXHIBIT "A" hw di z a61umkY&ruIv Guy GF CARL+@? ASSOCIATES ACQUISITION PLA CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUE 200 SAN DEW, CA 92123 1679) 576-9200 Job No.8 I e 0 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S Assessor Is Parcel NO. 211-040-08 EASEMENT DRAINAGE Project CARLTAS COMPANY, a California Limited Partnership. Hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and unto CITY OF CARLSBAD, a municipal corporation of the State of California designated Grantee, its successors and assigns, a perpetual easem right-of-way upon, through, under, over and across the hereinafter descri. property for the installation, construction, maintenance, repair, repl, reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE and all structures incidental thereto, and for the flowage of any waters il upon or through said channel, together with the perpetual right to buildings, structures, trees, bushes, undergrowth, and any other obs, interfering with the use of said easement and right-of-way by the Granl successors or assigns. To have and to hold said easement and ri ght-of-r itself and unto its successors and assigns forever with the right to con easement, or any portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easel right-of-way by this grant is situated in the City of Carl sbad, Count) Diego, State of California, and is particularly described as follows: See the attached legal description designated Exhibit "A", consisting of 3 and the attached Acquisition Plats, designated Exhibit "B", consistir sheets, each made a part hereof by reference. e The Grantee shall t@ the right to fence all or any portion of said ea herein conveyed within which there is installed or constructed an unenclosed drainage channel. The Grantee, it successors and assigns, shall be respa for operating, maintaining, and keeping in good repair the above described of improvement. -.._ - The Grantor, his successors and assigns, reserves the right to enclose in a approved by the Grantee, its successors and assigns, any portion of an uner flood drainage channel provided such enclosure is constructed or installe licensed contractor in accordance with plans and -specifications approved by the satisfaction of, the Grantee, its successors and assigns. In granti approval, the Grantee, its successors and assigns, may impose reas conditions, including, but not limited to, the filing by the contractor or C of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor , his successors and assigns, the rigi pri vi1 ege to use the above described land of, the Grantor at any time, manner and for any purpose not inconsistent with the full use and enjoyment Grantee, its successors and assigns, of the rights and privileges herein grz Executed this day of Y 19-0 0 STATE OF )ss* County of ) On Y 19- , before me, the undersigned, a Notary Put and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidel be the persons(s) whose name(s) is/are subscribed to the within instrume acknowledged to me that helshelthey executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the fol easement to the City of Carl sbad , a municipal corporati on is hereby accer the City Council of said City of Carlsbad, California pursuant to Resolutiol No. adopted on , and the Grantee conse recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City C11 e I. 0 EXH IB IT "A" LEGAL DESCRIPTION Assessors Parcel Nos. 211-040-08 All that portion of Lot 'H' of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego COU November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a point on the southerly right-of-way of Road Survey No. 1534 ( file in the office of the County Surveyor of said County, known as Palomar Airport Road, at Engineer's Station 43t46.41, B.C.; thence along said southerly right-of-way N 87'49'31" W (N 87'50'28" W per said R.S. 1534) 36. feet to the TRUE POINT OF BEGINNING "A"; thence leaving said southerly right-of-way, S 1'42'46'' W 77.88 feet; thence N 88O12'14" W 20.00 feet, the1 N 1'47'46" E 78.01 feet to said southerly right-of-way; thence along said southerly right-of-way, S 87"49'31" E 20.00 feet to the TRUE POINT OF BEGINNING "A". Together with the following described portion of said Lot "H": Beginning at a point on the southerly right-of-way of Road Survey No. 1534 filed in the office of the County Surveyor of said County, known as Palomar Airport Road, said point being at Engineer's Station 43+46.41, B.C. per saic R.S. 1534, said point being at the end of a curve, concave northwesterly an( having a radius of 2,050.00 feet; thence easterly along said southerly right-of-way and said curve through a central angle of 7'53' 18" an arc lengl of 282.24 feet to the TRUE POINT OF BEGINNING "8"; thence leaving said curw S 13O44'00" E 60.73 feet; thence N 76'16'00" E 20.00 feet; thence N 13'44'00" W 58.01 feet to the southerly right-of-way of said Road Survey No. 1534, said point being on a non-tangent curve, concave northwesterly ant DLW/se 268-01-1(~)347.74 Page 1 0 .. 0 having a radius of 2,050.00 feet, a radial line to said point bears S 06O16'38" E; thence westerly along said curve through a central angle of 0'33'49'' an arc length of 20.16 feet to the TRUE POINT OF BEGINNING 'IBtC. Together with the following described portion of said Lot "HI': Beginning at a point on the southerly right-of-way of Road Survey No. 1534 I file in the office of the County Surveyor of said County, known as Palomar Airport Road, at Engineer's Station 51+78.49 Ahd., E.C., said point being ar the end of a curve concave northwesterly, and having a radius of 2,050.00 feet; thence westerly along said southerly right-of-way and said curve, through a central angle of 1'47'52" an arc length of 64.32 feet to the TRUE POINT OF BEGINNING "C"; thence leaving said curve, S 16'32'19" E 48.84 feet thence S 73O27'41" W 20.00 feet; thence N 16'32'19" W 48.63 feet to the southerly right-of-way of said Road Survey No. 1534, said point being on a curve concave northwesterly and having a radius of 2,050.00 feet, a radial 1 ine to said point bears S 16"51'43" E; thence along said curve through a central angle of 0'33'32" an arc length of 20.00 feet to the TRUE POINT OF BEGINNING "C". Together with the following described portion of said Lot I'H": Beginning at a point on the southerly right-of-way of Road Survey No. 1534 ( file in the office of the County Surveyor of said County, know as Palomar Airport Road, at Engineer's Station 51+78.49 Ahd., E.C.; thence along said southerly right-of-way N 70"46'53" E (N 70'45'53" E per said R.S. 1534) 283, feet to the TRUE POINT OF BEGINNING I'D"; thence leaving said southerly right-of-way, S 20"16'45" E 56.40 feet; thence N 69'43'15" E 20.00 feet, thence N 20'16'45" W 56.03 feet to said southerly right-of-way; thence along said southerly right-of-way, S 70'46'53" W 20.00 feet to the TRUE POINT OF BEGINNING "D". DLW/se 268-01-1 (W 1347.74 Pano 7 r e 1. m Together with the following described portion of said Lot "H": Beginning at the northwesterly corner of Parcel "A" of Parcel Map No. 2993 ( file in the offi.ce of the County Recorder of said County, recorded August 2 1974, said point being on the southerly right-of-way of Road Survey No. 153( on file in the office of the County Surveyor of said County, known as Palom, Airport Road; thence a7ong said southerly right-of-way, S 70'46'53" W (S 70' 45' 53" W per said R.S. 1534) 34.75 feet to the TRUE POINT OF BEGINNING "E"; thence leaving said southerly right-of-way S 19"30'03" W 67. feet; thence N 70'29'57" W 20.00 feet; thence N 19'30'03" E 51.11 feet to s southerly right-of -way; thence N 70'46'53" E 25.63 feet to the TRUE POINT 0 BEGINNING "E". Together with the following described portion of said Lot "H": Beginning at a point on the southerly right-of-way of Road Survey No. 1534 filed in the office of the County Surveyor of said County, known as Palomar Airport Road, said point being at Engineer's Station 43+46.41, B.C. per sai R.S. 1534, said point being at the end of a curve concave northwesterly and having a radius of 2,050.00 feet; thence along said southerly right-of-way N 87"49'13" W (N 87'50'28" W per said Road Survey No. 1534) 1,282.87 feet t the TRUE POINT OF BEGINNING "F"; thence leaving said southerly right-of-way S 0'23'17" E 205.61 feet to the beginning of a tangent curve concave easter and having a radius of 88.00 feet; thence southerly along said curve throug central angle of 16'00'00" an arc length of 24.57 feet; thence tangent to s curve, S 16'23'17" E 145.95 feet; thence S 73'36'43" W 24.00 feet; thence N 16'23'17" W 145.95 feet to the beginning of a tangent curve, concave easterly and having a radius of 112.00 feet; thence northerly along said cu through a central angle of 16'00'00" an arc length of 31.28 feet; thence tangent to said curve N 0'23'17" W 206.68 feet to said southerly right-of-k of Palomar Airport Road; thence along said right-of-way, S 87'49'31" E 24.( feet to the TRUE POINT OF BEGINNING 'IF". DLWIse 768-01 -' (t,T\3C.7 78 Paae 3 C.5. 1534- '387°4q'31''E 20.00' &ET. S'LY a/w -$ "- - APN 211 -040 -08 N OBO 12' 14' W 20.00' " - (FJB7"5O'20" W PEP R.5. t534) 2 , KIF{ m-r Y-I FG-IO /\WA rlcDIOblDA I* fil1AP No. 323 AREATO 5E AQUIPED SHOWNl m I*&+* = 0.04Ac. EXHIBIT 'j3' - ~~~ I B@U&r'V&rluW Crw OFO~ ASSOCIATES ACQUISITION PLA' I CONSUlTING ENGNEERS 4455 MURPHY CANYON RQLZD, SUITE 200 07987 POCIMNEY 8 ASSOUATfS, INC Date: 4/30/87 By: PWAHL Sheet 1 01 5T-M WIA EA~MEUT SAN DIEGO, CA 92123 (670) 574-9200 Job No. 2( "- APN 211- 040-08 JN7b%m"E ZO.' -A To E pIcaulRa7 5wW ZzZ rnF< LOT l-I F+IO AGLll\ FEDIONL IiIlAW N 0, 323 1107.07' ftz = &93 PC-. WcH10I-r \I 0 meclmwumw LIT\( OF LaeL*D GTZM mAfd ?&5EbAEkiT ASSOCIATES ACQWSITION PLA mNsuulNG €NGIN€€Rs 4455 MURPHY CANYON W, SUE 200 SAN DIEGO, CA 92'123 (679) 576-9200 Jub No. 2 01987 Pournf Y & AssocIATEs. INC Date:q/%)/w By: t2MML Sheet20 ["r, 40' k Fzs F @: -{$ 7? 8 0 @ : / >%(.@ l-s 64.32 ' F?= w50.00 L = 20.00 AREATQ @E Af22UImt7 SWU 474.37 Ft2 s 0.oZac PC3-l LOT 1-1 F+D /\EiJ/\ ~ILDJQJ\~DA\ Ir' J\/1/W IW. 323 ,APN 21 I -040-00 c I dP@cIrn@rnUW GITg OF CACL~~~D ASSOCIATES ACQUISITION PLAl I ~ CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, Sum 200 5TarhA Gh41d a5SMEdT Date: 9/30/07 Bv: W. WALlL Shaa**nf 07987 pOUMN€Y & ATWIATFC IhlC ExU1lB17 ' 6 1 SAN DIEGO, CA 92123 (679) 576-9200 Job No. z( 1 1 "s40 I / // / W.a3' FDF< !XU rl WID /\G!J/!\ rkDDN Ir' h/Ir\2 /r N 9,823 I AM Z/l -o&-o& r1@.%7$fz = d.03~ . P. 1 EXl41BIT ''6' I memllvw#m'v I ASSOCIATES ACQUISITION PLAl L[TY OF OWLSBAD I CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUE 200 SAN DEW, CA 92123 (679) 576-9200 Job No. 21 5ToRM mA1d -5EM5,q~ aim7 Pnf Ihm\lFY R ACWIATFC INC Date: 9/!ih/a7 Bv:~ WIAUI Sheath Of P * Am TO 'BE v U62.46~~ = 0.03 pc. WIPm WrJ &P " /dlL5 /- 4 b.l7o*mf sa t\l p m*mt w 8- U &+%NTcF l5SGltdrcl r'( f-I 0 FOR LOT EJ A\G!JA\ MDlmlDA\ hAAP NO a23 KG-- PA\j f '\ j=) 1\/J 2: W(HI01T '0' ~~~ ~~~ ~~ 4mm&Iwmm'v I A s s-o C~I A r E s I ACQUWTION PLA' CITY OF aG?LsEfaD CONSULTING ENGINEERS 4455 MURPHY CANYON ROW, SUE 200 5,70Rkl t7KAIN EPcSEMEMT ~ SAN DIEGO, CA 92'723 (419) 576-9200 Job No. 2 1 01987 POUMNW & AssocIATEs. INC Dete:qb/&7 BY: VWL Shad GO1 . .. . 1 Y PALOMAR ARpORr -0 P ~" \ - -- A ??a40 5um hfQ t534 '?.2000< 507 "49' 3i " E b= 16qO~'OO''~ rnR LOT G ~jj-10 /"'G!JA\ ~ILDJO~YDA Ir' h!lAP No. 823 ,APN 21 I - W -08 AMU 10 DE ,CQclIM€Q 4UOWN a q1a. 45 ctz = 0.21 pt. I mmmIIIIvmmCI'1v ASSOCIATES I CONSUUING €NGIN€€RS 4455 MURPHY CANYON Rcw), Sum 200 SAN DIEGO, CA 92'123 (619) 576-9200 "clnv n-1 IA ITA ICV 0 A CCWI ATrC lhlr 1 E%HtBn- '0' CITY OF CARL9BAD ACQUISITION PLA' .~ c;ron" UtQbthl WEMEFc1-f Job No. 2( Data: 9/30/A7 Eu: 13. WAClL $hOatGoi -A 0 .- .a WHEN RECORDED, PLEASE MAIL . THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 ., NO TRANSFER TAX DUE 1 SPACE ABOVE FOR RECORDER'S U: EASEMENT TEMPORARY ROAD CONSTRUCTION (DETOUR ) Assessor's Parcel NO. 211-040-08, 09 Project CARLTAS COMPANY, a California Limited Partnership. Hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and r unto, CITY OF CARLSBAD, a municipal corporation of the State of California, designated Grantee, its successors and assigns, a temporary easemen right-of-way upon, through, under, over and across the hereinafter describe property for the installation, construction, maintenance, repair, replac reconstruction and inspection of a temporary public highway and all strr incidental thereto, together with the right to remove buildings, struc trees, bushes, undergrowth, and any other obstruction interfering with the said easement and right-of-way by the Grantee, its successors or assigns. expressly understood between both Grantor(s) and Grantee that this ten easement shall terminate upon the completion and acceptance by Gran' permanent public highway improvements within the right-of-way of that ( portion of Palomar Airport Road immediately adjoining said temporary gasen the North. It is further understood, that upon completion of said pel public highway improvements, Grantee shall , at no cost to Grantor, coml remove and dispose of a1 1 asphalt pavement instal led by Grantee above or be- surface of the ground. The real property referred to hereinabove and made subject to said easem: right-of-way by this grant is situated in the City of Carlsbad, County Diego, State of California, and is particularly described as follows: See the attached legal description designated Exhibit "A", consisting of 1 and the attached Acquisition Plats, designated Exhibit "B", consisting of 1 each made a part hereof by reference. c I e I. e ., '. t EXHIBIT "A" Assessors Parcel Nos. 211-040-08, -09 All that portion of Lot 'H' of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego Coun November 16, 1896, in the City of Carlsbad, County of San Di ego, State of California, being more particularly described as follows: Beginning at the northeast corner of Parcel 3 of Parcel Map No. 195 on file the office of the County Recorder of said County, recorded January 30, 1970; thence along the northerly prolongation of the east line of said Parcel 3, N OZ"10'50" E 34.11 feet to the southerly right-of-way of Road Survey No. 1534, 100 feet wide, filed in the office of the County Surveyor of said County; thence along said southerly right-of-way S 87'49'31" E 1,670.06 feet to the beginning of a tangent curve, concave northerly and having a radius o 2,050.00 feet; thence easterly along said curve through a central angle of 6"28'51", an arc length of 231.88 feet; thence leaving said curve, S 70"00'00" W 562.10 feet; thence N 89"13'00 W 550.00 feet; thence N 75"43'00" W 850.00 feet to the point of BEGINNING. DLW/s kg 268-01-1(~) e370.19 Page 1 of P.KEP\ TO @E PCQVlPEI? SHOWN w P.pH 21 I-~4o--oe TpuE p0itd-r OF OE.6IhlNl EXHIBIT’& CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUE 200 SAN DIEGO, CA 92123 (679) 576-9200 Job Ms. 2 07987 POUNTNEY & ASSOC”ES, INC Date: 9/30/~7 By: 0. wp,& Sheet j 0 t e t WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 I I a I I ~ NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER 'S EASEMENT FOR PUBLIC HIGHWAY Assessor Is Parcel Project NO. 211-021-18 81 211-021-19 W.O. No. CARLTAS COMPANY , a California Limited Partnership. Hereinafter called GRANTOR do(es) hereby grant, convey and dedicate to CARLSBAD, State of California, hereinafter called GRANTEE, and easement highway and public utility purposes and incidents thereto, upon, over and certain real property within the CITY OF CARLSBAD, State of California, ( fol 1 ows: See the attached legal description designated Exhibit "A" and attached Plat designated Exhibit 'IB", each made a part hereof by reference. .P . The Grantor hereby f lm er grants to the City of Carl ai d that privilege a extend drainage structures and excavation and embankment slopes beyond th maintenance of said City Highway. RESERVING unto grantor of the abovc parcel of land, his successors or assigns , the right to el iminate such sll drainage structures or portions thereof, when in the written opinion o Engineer of Grantee, the necessity therefore is removed by substitu protection, support and/or drainage facility, provided such substitutio approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing 1 hereafter grow), and road building materials within said right-of-way, in1 right to take water, together with the right to use the same in such mat such locations as said Grantee may deem proper, needful or necessal construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any cl and all damages to Grantor's remaining property contiguous to the right-of conveyed by reason of the 1 ocation, construction, 1 andscaping or mai ntena hi ghway . Dated this day of Y 19-0 I there herein described right-of-way where required for the constrl STATE OF >ss. County of > On Y 19- , before me, the undersigned, a Notary Pu for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evid the persons(s) whose name(s) is/are subscribed to the within inst acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by thl easement to the City of Carl sbad, a municipal corporation is hereby acce City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee c recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City C1 ? 4 0 0 EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel Nos. 211-021-18, -19 A1 1 that portion of Lot 'H' of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego Coun November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a point on the easterly line of said lot 'HI, said point being the point of intersection with the centerline of Road Survey No. 1534 filed the office of the County Surveyor of said County and as shown on Record of Survey Map No. 5715 filed in the office of the County Recorder December 19, 1960; thence along the easterly line of said Lot 'HI,. N 0'03'18'' E (N 0'31'16" W per Record of Survey Map No. 5715), 52.97 feet to a point on t northerly right-of-way of Palomar Ai rport Road as shown on said Road Survey No. 1534, said point being the TRUE POINT OF BEGINNING; thence continuing a7 ong said easterly 1 ine N 0°03'18" E (N 0'31 '16" W per Record of Survey Map No. 5715), 30.02 feet; thence leaving said easterly line S 69'43'15" W, 518.' feet to the beginning of a tangent curve, concave northerly and having a radius of 2,187.00 feet; thence westerly along said curve through a central angle of 22'27'14" an arc length of 857.07 feet; thence tangent to said curw N 87'49'31" W, 1,134.49 feet to the beginning of a tangent curve, concave southerly and having a radius of 2,313.00 feet; thence westerly along said curve through a central angle of 4O20'02" an arc length of 174.96 feet; then1 tangent to said curve S 87'50'27'' W 84.52 feet to a point of intersection wi: the northerly right-of-way of Palomar Airport Road as shown on said Road Survey No. 1534; thence along said northerly right-of-way S 87O49'31" E (S 87'48'39'' E per Road Survey No. 1534), 1,455.48 feet to the beginning of i tangent curve concave northerly and having a radius of 1,950.00 feet; thence easterly along said curve through a central angle of 21'23'36" an arc length of 728.10 feet; thence tangent to said curve N 70'46'53" E, 582.97 feet to tl TRUE POINT OF BEGINNING. Dl Wllrd ~KQ nl 1 f..\ .Inn .. - I I T PZ Y< - Q! 'L v AREA TO BE SHOWN m 44,0M.@w= I s" w'4qt1w 84..52' APN 21\-021- 21 I -021 - ACQUIRED .BU, ( W"31' lb "k W.G. WID; EXHIEIT ''6" memmmmw GWG - ASSOCIATES ACQUISITION PLA' CONSULTlNG ENGINEERS 4455 MURPHY CANYON W, Sum 200 1 SAN DIEGO, CA 92123 (614 576-9200 n-a-. R IAAM mu. n I -\AI 11 ahrr& I nr ~- .. .- Job Noma I 6. 0 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE I SPACE ABOVE FOR RECORDER'S Assessor's Parcel NO. 211-021-19 EASEMENT DRAINAGE Project CARLTAS COMPANY, a California Limited Partnership. Hereinafter designated Grantor( s) do(es) hereby grant, bargain, convey and unto CITY OF CARLSBAD, a municipal corporation of the State of California designated Grantee, its successors and assigns, a perpetual easemc right-of-way upon, through, under, over and across the hereinafter descril property for the installation, construction, maintenance, repair, rep12 reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE and all structures incidental thereto, and for the flowage of any waters ir upon or through said channel, together with- the perpetual right to buildings, structures, trees, bushes, undergrowth, and any other obst interfering with the use of said easement and right-of-way by the Grant successors or assigns. To have and to hold said easement and right-of -L itself and unto its successors and assigns forever with the right to con\ easement, or any portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easen right-of-way by this grant is situated in the City of Carlsbad, County Diego, State of California, and is particularly described as follows: See the attached legal description designated Exhibit "A", consisting of 3 and the attached Acquisition Plats, designated Exhibit "B", consistin sheets, each made a part hereof by reference. The Grantee shall ha @ the right to fence all or a 9 portion of said et herein conveyed within which there is instal led or constructed an unenclosec drainage channel. The Grantee, it successors and assigns, shall be respc for operating, maintaining, and keeping in good repair the above describec of improvement. The Grantor, his successors and assigns , reserves the right to enclose in a approved by the Grantee, its Successors and assigns, any portion of an uner flood drainage channel provided such enclosure is constructed or installe licensed contractor in accordance with plans and specifications approved by the satisfaction of. the Grantee, its successors and assigns. In granti approval, the Grantee, its successors and assigns, may impose rea! conditions, including, but not limited to, the filing by the contractor or I of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor , his successors and assigns, the rig pri vi1 ege to use the above described land of the Grantor at any time, manner and for any purpose not inconsistent with the full use and enjoyment Grantee, its successors and assigns, of the rights and privileges herein grl Executed this day of Y 19" STATE OF )ss. County of 1 On , 19 , before me, the undersigned, a Notary Pu~ and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evide be the persons(s) whose name(s) is/are subscribed to the within instrumc acknowledged to me that he/she/they executed the same. Witness my hand and offici a1 seal . Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the fo easement to the City of Carl sbad , a municipal corporation is hereby accel the City Council of said City of Carlsbad, California pursuant to Resolutio No. adopted on , and the Grantee conse recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City C1 @ e EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel No. 211-021-19 All that portion of Lot 'HI of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego COUI November 16, 1896, in the City of Carl sbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a point on the northerly right-of-way of Road Survey No. 1534 1 file in the office of the County Surveyor of said County, known as Palomar Airport Road, at Engineer's Station 43t46.41 B.C.; thence along said northe right-of-way, N 87'49'31" W (N 87'50'28" W per said R.S. 1534), 37.38 feet . the TRUE POINT OF BEG1NNING"A"; thence leaving said northerly right-of-way, N 1'47'46" E, 82.62 feet; thence N 88'12'14" W, 20.00'; thence S 1'47'46" W! 82.48 feet to said northerly right-of-way; thence along said northerly right-of-way, S 87'49'31" E, 20.00 feet to the TRUE POINT OF BEGINNING "A". Together with the following described portion of said Lot "H": Beginning at a point on the northerly right-of-way of Road Survey No. 1534 filed in the office of the County Surveyor of said County, known as Palomar Airport Road, said point being at Engineer's Station 43t46.41, B.C. as show1 on said R.S. 1534, said station being at the end of a curve, concave northel and having a radius of 1,950.00 feet; thence easterly along said northerly right-of-way and said curve through a central angle of 7'28'26" an arc lengt of 254.37 feet to the TRUE POINT OF BEGINNING "B"; thence leaving said curve 13'44'00" W, 63.23 feet; thence N 76°16'00" E, 20.00 feet; thence S 13'44'00" E, 66.09 feet to the northerly right-of-way of said Road Survey DLWIse @ 0 No. 1534; said point being on a non-tangent curve, concave northerly and having a radius of 1,950.00 feet, a radial line to said point bears S 05'53'34'' E; thence westerly along said curve through a central angle of 0'35'37" arc 'length of 20.20 feet to the TRUE POINT OF BEGINNING "B''. Together with the following described portion of said Lot "HI': Beginning at a point on the northerly right-of-way of said Road Survey No. 1534 on file in the office of the County Surveyor of said County, known as Palomar Airport Road, at Engineer's Station 51+78.49 Ahd., E.C., said point being at the end of a curve, concave northerly, and having a radius of 1,950.00 feet, a radial line to said point bears S 19'13'07" E; thence westerly along said northerly right-of-way and said curve, through a centra angle of 1'56'27" on arc length of 66.05 feet to the TRUE POINT OF BEGINNIN "C"; thence leaving said curve, N 21'00'00" E, 75.62 feet; thence N 69'00'00'' W, ,20.00 feet; thence S 21'00'00" W, 91.19 feet to the norther1 right-of-way of said Road Survey No. 1534, said point being on a curve, concave northerly and having a radius of 1,950.00 feet, a radial line to sa point bears S 16'31'59" E; thence easterly along said curve through a centrl . angle of 0'44 '41" an arc length of 25.35 feet to the TRUE POINT OF BEGINNIN "C". Together with the foll owing described portion of said Lot "H" : Beginning at a point on the northerly right-of-way of Road Survey No. 1534 f i 1 e in the office of the County Surveyor of said County 3 known as Palomar Airport Road, at Engineer's Station 51+78.49 Ahd., E.C.; thence along said northerly right-of-way N 70'46'53'' E (N 70'45'53'' E per said R.S. 1534), 282.51 feet to the TRUE POINT OF BEGINNING "D"; thence leaving said norther' right-of-way, N 20'16'45'' W, 67.59 feet; thence N 69'43'15" E, 20.00 feet, thence S 20'16'45" E, 67.96 feet to said northerly right-of-way; thence aloi said northerly right-of-way, S 70'46'53" W, 20.00 feet to the TRUE POINT OF BEGINNING "Dit. ni 1.1 /cn e e Together with the following described portion of said Lot ''HI': Beginning at a point on the northerly right-of-way of Road Survey NO. 1534 file in the offi.ce of the County Surveyor of said County, known as Palomar Airport Road, at Engineer's Station 43+46.41, B.C.; thence along said northerly right-of-way N 87'49'31" W (N 87'50'28" W per said R.S. 1534), 418.16 feet to the TRUE POINT OF BEGINNING "E"; thence leaving said norther' right-of-way, N 18'30'00" E, 92.37 feet; thence N 71"30'00" W, 20.00 feet; thence S 18'30'00" W, 98.40 feet to said northerly right-way; thence along said northerly right-of-way, S 87'49'31" E, 20.84 feet to the TRUE POINT OF BEGINNING ''E". Together with with following described portion of said Lot I'H": BEGINNING at a point on the easterly 1 i ne of said Lot "H" at its intersecti with the northerly right-of-way of Road Survey No. 1534 on file in the offi of the County Surveyor of said County, know as Palomar Airport Road; thence along said northerly right-of-way S 70'46'53" W (S 70'45'53" W per said Roac Survey 1534), 15..17 feet; thence leaving said northerly right-of-way, N 19'30'03" E, 43.01 feet to the easterly line of said Lot "H"; thence alon! said easterly line, S 0'03'18" W (S 0'02'02" W per said Road Survey 1534), 35.55 feet to the point of BEGINNING. DLWIse A" " I I \ . - 0 0 1 '1, &' mrl LOT El ~31-1~1 AWA 1-1%DlOJ\JDA J\h!i F.' fila, 82 3 APtJ 211-021- 14 - TWE POINT hl WM $1 "Yv &-w"%s" " (kJe7°W'28n W 4 m R5 rm) e.+. 153.1. I I - $1 I 2" - - F I "- . AQEA TO BE ACOUlREP SHOWN ea 1 L@\, 06Cfz = 0.04~. E>(ttIa? ' 8' pP*@rnW#HI ASSOCIATES ! CONSUUING ENGINEERS I ACQUtSITION PLAl CITY bF Cb8l-m "rSsTOORM. mAhl WM€dT I 4455 MURPHY CANYON W, SUITE 200 SAN DEGO, CA 92723 (679) 576-9200 Job No. &6 01987 POUMNEY 8 Assmms, INC Date: 4 /w/$l By: Pl.IAHL Sheet 1 Of 0 PC~R m-r 1-1 FWD AG Ilk' rl dl ( Mr\$ N 0.92 IF /r APN 211-021 - 19 I / -- A " \ AREA TO BE ACQUIREW .~ . .~ WOW m I%%? %ci2 s 0.63 AC. EXHlB IT 'B' mem&r'v&rmy. ClT'f oF C"NZLSGE2AD ASSOCIATES 4455 MURPHY CANYON RQAD, SUE 200 CONSULTING ENGINEERS ACQUISITION PLA Date: 9/30/87 By: DM" Shoet 20 01-7 POUMNEY B AS!DClAT€X INC -M RAN EA,5€MEdT SAN Dl-, CA 92l23 (679) 576-9200 Job No. 2 e mrl LOT 1-1 Fi H D AGUA rl dl DN DA\ Ir' MAP Ng. a23 APN 211-021-14 [ "s 4-0' m AREA TO BE ACQUIPEP 3tiOWN m W.eoU*~ 0.of-u. EXHIBIT ' 8' m*mmW'mmw I ACQUISITION PLA CrrY a= CAat-SeaP ASSOCIATES CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 Om7 POI IN7'NFY IL AqWATFS. INf Date: 9/30/87 By: t3. WAH L 8n-t 3 0' *ogW -\Id Ek&M€A(T SAN MGO, CA 92723 (679) 576-9200 Job WO. L 4 - I - W W 1'': (0' I mr~( lo-r ~-l Fu-lc) AG!JA J-JLDJbiIQ MAP No 323 IF APN 211-021-19 hJ &?*43'15" E \ \ I ',/I % /' e& po'p, 2 -&3% c-3 $ "Lq;., qj (9- 3-T 0 b a% AEEA TO BE ACQUIKEU SHOWN m 1m.wc+z= b.036c. EXHIBIT 'Bt B@WHWHMlW -- - CITY OF CARL50AD ASSOCIATES ACQUISITION PLA' CONSUlflNG ENGINEERS 4455 MURPHY CANYON ROAD, Sum 200 SAN DIfGO, CA 92123 (679) 576-9300 Job No. z - - - - - - - . . . " . - - . - . - - - -. . " - . . . - n..a-* n IQA~~T D... n \~/AIJ~ mhIIb A nd GTORM DRAIN EA.5EMEklT ENGIN 5THI 0 4344 f%RI "" " - 0 = '1 d. WRVE fl -t3 % E F 50' " c 50' A' PQF- LD-r H F{HO k\GU!\ rl LD DbIDA MA\P bD. 323 bpl4 21 I - 02i - 19 - 8 lY 4 4 I I? 8 6) FY n .$ Ql 4 0 \n d - @9! -a' 6% 3 3 3Q 5 59 2 $8 *o d 2 - - 3 tn *P bF2E.b TO BE KQUIRED &$ 5LIOWN E71 3% 3L .-.lq.L!lL42_Ff~'. LLD4JZ. I hl7l O 30 '00 ''W + 4 20.00 ' Q I I memmmmmw ' CITY OC cDIRL4~~ ASSOCIA~ES ACQUISITION PL CONSUUING ENGINEERS EXHlE317- '13' STORM o%b-\N "MEdT 4455 MURPHY CANYON w, sum 200 r A L I nlw2 rA 63137 (#,la -576.9200 . . . .. aL- -.I dab N ., 2l-D /\G!JA rldl c31\1!X\ !e hAAP bIr3, 9 23 Am 21 bo21 - 14 EiWERLY LlUE LQT 'H' pH0 M kEG'tohwA SO"03' B"W 35.55' (N 0°02'u2'€ PER P.5 \E N19" 30' 03" E 43 .O I' AKEA TD BE ACQUIREP ~~~ SHOWN Ea 254.57' Cfz = ~.mb U. EXHlblT 'B' - IPcIummmmw C[W OF CARL+-D ASSOCIATES ACQUISITION PLA CONSUUJNG ENGINEERS 4455 MURPHY CANYON W, Sum 200 570RhA pr;ZaN EAsEMEdT Job No. SAN DIEGO, CA 92723 (6193 576-9200 htn-7 MI I& m #rv o A ccwl ATTC lklP Date: 9/30/67 BY: D.WAHL Sheet b t I ' 0 0 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 - I-, NO TRANSFER TAX DUE I SPACE ABOVE FOR RECORDER'S EASEMENT FOR OPEN SPACE Assessor's Parcel NO. 211-040-08 Project Carltas Company, a Cal iforrlia Limited Partnership. Hereinafter designated Grant or( s) do(es) hereby grant, bargai n, convey and unto CITY OF CARLSBAD, a murlicipal corporation of the State of California, designated Grantee, its suxessors and assigns, a perpetual easement fc space upon, through, under, over and across the hereinafter describc property subject to the following to wit: 1) A perpetual easement for open space over, upon, across and under the 1 and upon which no bu'lding, structure or other thing whatsoever st constructed, erected, placed or maintained on the subject land except be permitted by written permission of the Grantee. 2) The perpetual right, but. not the obligation to enter upon the subject 1 remove any buildings, structures or other things whatsoever const erected, placed or ma:ntained on the subject land contrary to an) covenant or condition of this easement. Grantor covenants and agrc: itself and its successot's and assigns as follows: (a) That it shall not. erect, construct, place or maintain or perm erection, construction, placement or maintenance of any build structure or other thing whatsoever on the subject land other thi building,rStructures or other things as permitted by written per! of the Grantee. , 0 0 (b 1 That within said open space easement, the subject area will be . natural state for the protection of endemic biological resources, clearing or removal of any vegetation shall be permitted excer brush clearing for fire protection purposes by written order office of fire services coordinator within said open space easeme except as for landscaping and the placement of drainage structu-1 associated rip-rap within said open space easement, without the authorization of the City of Carlsbad or its successors or assigns (c) That it sha-11 not excavate or grade or permit any excavating or to be done or place or allow to be placed any sand, soil rock, gr other material whatsoever on the subject land without the v permission of the City of Carlsbad or its successors or a: provided, however, that the Grantor may excavate, grade or plac~ soil, rock or gavel or other material on the subject land as is pe by written permission of the City of Carlsbad. (d) That the terms, covenants and conditions set forth herein specifically enforced or enjoined by proceedings in the Superior CI the State of California. The grant of this easement and its acceptance by Grantee shall not author public or any members thereof to use or enter upon any or any portion subject land, it being understood that the purpose of this easement is so restrict the uses to which the subject land may be put. This easement shall bind the Grantor and its successors and assigns. To have and to hold said easement and right-of -way unto itself and ur successors and assigns forever with the right to convey said easement, portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easem right-of-way by this grant is situated in the City of Carlsbad, County Diego, State of California, and is particularly described as follows: See the attached legal description designated Exhibit "A", consisting of 1 and the attached Acquisition Plats, designated Exhibit "B", consisting of 1 each made a part hereof by reference. 4r 0 0 There is reserved to the Grantor, his successors and assigns, the ril privilege to use the above described 1 and of the Grantor at any time, manner and for any purpose not inconsistent with the full use and enjoyment Grantee, its successors and assigns, of the rights and privileges herein gr Executed this day of 3 19-e I . lb, STATE OF )ss. County of ) On , 19,, before me, the undersigned, a Notary Pu and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evide be the persons(s) whose name(s) is/are subscribed to the within instrumc acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the fo corporation grand deed to the City of Carlsbad, a municipal corporation is accepted by the City Council of said City of Carlsbad, California pursu Resolution No. adopted on , and the 1 consents to recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City C1 erk 4r 385.18 0 0 EXHIBIT "A" Assessors Parcel Nos. 211-040-08 A1 1 that portion of .. Lot .e, "Hi' of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego Cou November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows:' Beginning at a point on the easterly line of said' Lot 'HI, said point being the point of intersection with the centerline of Road Survey No. 1534, file in the office of the County Surveyor of said County, and shown on Record of Survey Map No. 5715 filed in the office of the County Recorder, December 19 1960; thence along the easterly line of said Lot 'H' S 0'03'18" W (S 0'31'16" E per Record of Survey Map No. 5715) 51.38 feet to the TRUE POI1 OF BEGINNING; thence leaving said easterly line S 69'43'15" W, 472.26 feet ' the beginning of a tangent curve, concave northerly and having a radius of 2,313.00 feet; thence westerly along said curve through a central angle of 22'27'14" an arc length of 906.45 feet; thence tangent to said curve N 87'49'31" W 381.95 feet; thence S 45'00'00" W 192.51 feet; thence S 87'00'00" E 126.00 feet; thence S 68'45'00" E 142.00 feet; thence N 64"OO'OO" E 111.00 feet; thence N 71'00'00" E 104.00 feet; thence N 55"OO'OO" E 76.00 feet; thence N 73"0O'0Oi' E 33.00 feet; thence East loo.( feet; thence N 63"OO'OO" E 50.00 feet; thence S 82'00'00" E 110.00 feet; thence N 32'00'00" E 53.84 feet; thence S 47'00'00" W 43.62 feet; thence N 79"OO'OO" E 300.00 feet; thence N 76'00'00" E 134.00 feet; thence N 70'00'00" E 242.00 feet; thence N 72'00'00" E 107.00 feet; thence N 63'00'00" E 123.00 feet; thence N 7O"OO'OO" E 47.00 feet; thence East 60.( feet; thence N 63'Q4'00" E 21.05 feet; to the easterly line of said Lot "H"; thence along said easterly line N 00'03'18" E (N 00'31'16" W per said Recorr of Survey No. 5715) 39.05 feet to the TRUE POINT OF BEGINNING. DLW/se ~~~"-LI(~HRG I Q 3 CjjjB ;)$El, .A; At&[. .. .. " .- : >-. : >AI;* Gz,: f &Pi. ~ ,!? - _.> z .. .. 1 !,*I, ' )Jab! a AtA NOWHrSL END OF HEC-1 AAA e ~ .-, ,. . ., - .. 4 Pomtney 8 Associates Project: 268-014 User I.D. ni~nther: 4 Pal Arpt Pd West c!iS Easeeenylts rj E c! A fi E A Listing 11-May-88 01:14 PH 1651 349451 .0lM 676300.2260 1806 349287 x 3340 675857,2390 S 63" 43' 15.00' W 472,2600 1805 ay 27; 14,008 t= $$1j,4515 7. 453*11$;3 :5:+.5Gs3&7 i,/.,~.,.,,~*>/ --c,-== ,-:" S 2" 10' 29.00' W iPCII1) 1807 2'@#0 34'3145.6287 674567.7544 0 N 97" 49' 31.22' Ld s 45" 00' 00.00' M S 37" 00' 00.00' E S 68" 45' 00.00' E N 64" 00' 00.00' E I4 71" 00' 00.00' E N 55" 00' 00.00' E N 73" 00' 00.00' E N 90" 00' 00.00' E N $3" 00' 00.00' E S 82" 00' 00.00' E M 32" 00' 00.00' E S 47" 00; 00,00' E N 79" 00' 00.00' E N 76" GO' 00.00' E N 70" 00' 00.00' E N 72" 00' 00.00' E N 63" 00' 08.00' E E! 70" 00; 00.00' E 1100 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1Q17 1018 io19 1101 1651 N 90" i]0' 00.00' E N 12" 00' 00.00' E E! 0" 03' l8.00' E 381.9475 192.5056 126.0000 l4a.0000 111.0006 lfi4.0000 76.0000 33 x 0300 100. 0600 50.5G0Q liO.Q000 53 * 8422 43.6205 300.0000 134.0000.' 242 .GOGO 107.C000 i2j.0000 47. 0rlO0 60. 9000 2l.6466 33.0521 349160.1220 674586.1220 349024.0000 674450.0000 349817.4057 574575.8273 398465,9395 5717G8. 1724 345014.5987 67488?.5386 349048.4578 674986.2725 349092,0496 674368.5281 343iili.6978 575800.0861 349181.6978 675100.0861 349124.3374 675144.6364 344109.0883 615253.5659 349154.7431 r,75282,0380 349!25.8000 6?5314.0080 34X82.2427 675608, 4882 349214,6602 675738,5578 349297.4291 675965,9134 349330.4939 576067.6764 - -7 34936.3348 675i77.2762 rl J+J$Q~,~C~$ r &7&221,$358 3@4$2 = 4697 6762J1,4358 3494ii ,3647 676300 * 18% 349451.0158 67530Q.2260 krea = 103415.294 sq.ft Perimeter 3975,726 ft. - - 2.3741 acres Ir b \- .' \' I \ E'LY LlNE L0T"H'' ." . PARCEL MAP NO. 923 E WN-f c3F 0WNNN6 APN 221-04-0-08 AREA TO BE ACQUIRED SHOWN lVT777l 103,415 S.F. = 2,374 ACRES h145"00'd1E 14251 ' 1-1 I EXHIBIT 0 \I L m@w!5Wmmw~ CIlY OF CARL50A p ASSOCIATES ACQUISITION PLA' I CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUE 200 OPEN SPACE EASEM€NT SAN DIEGO. CA 92723 (679) 576-9200 ns+a. ~k /~m m... - . . . . nL--a I AS C370R7 Pol h!TNFV P ACCACtAnC IktP Job No. 24 c I e- ,. __._ -.. 0 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S 1 EASEMENT FOR PUBLIC HIGHWAY Assessor's Parcel NO. 212-040-38 Project W.O. No. ROBERT P. KELLY and RICHARD C. KELLY, as Trustees under that certain irrevoc dated Nov. 25, 1985, FBO Robert P. Kelly, Richard C. Kelly and Irene K. Hena et al. Hereinafter called GRANTOR do(es) hereby grant, convey and dedicate to tl CARLSBAD, State of California, hereinafter called GRANTEE, and easement highway and pub1 ic uti 1 ity purposes and incidents thereto, upon , over and a certain real property within the CITY OF CARLSBAD, State of California, de follows: See the attached legal description designated Exhibit "A", consisting of 2 s the attached Acquisition Plat designated Exhibit "B", each made a part reference. t 0 0 The Grantor hereby further grants to the City of Carlsbad that privilege ar extend drainage structures and excavation and embankment slopes beyond the there herein described right-of -way where required for the constru maintenance of said City Highway. RESERVING unto grantor of the above parcel of land, his successors or assigns, the right to eliminate such sl c drainage structures or portions thereof, when in the written opinion of Engineer of Grantee, the necessity therefore is removed by substitut protection, ,support and/or drainage facility, provided such substitutior approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing c hereafter grow), and road building materials within said right-of-way, inc right to take water, together with the right to use the same in such man1 such locations as said Grantee may deem proper, needful or necessar construct ion, reconstruction, improvement or maintenance of said highway . The Grantor, for himself, his successors and assigns, hereby waives any c1z and all damages to Grantor's remaining property contiguous to the right-of- conveyed by reason of the location, construction, landscaping or maintenan hi ghway . Dated this day of , 19" STATE OF )ss. County of 1 On Y 19-9 before me, the undersigned, a Notary Pub for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evide the persons(s) whose name(s) isjare subscribed to the within instr acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Pub1 ic i'n and for said County and State This is to certify that the interest in real property conveyed by the easement to the City of Carlsbad, a municipal corporation is hereby accep' City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee co recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Cle ", .. 0 ., EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel No. 212-040-38 All that portion of Parcel "D", of Parcel Map No. 2993, filed in the office 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 f ol 1 ows: BEGINNING at the northeasterly corner of said Parcel I'D", thence along the southeasterly line of said Parcel "D", S 14'10'59" W (S 13'36'43" W per Parc Map No. 2993) 13.01 feet; thence leaving said southeasterly 1 ine N 78'19'53" 99.73 feet to the beginning of a tangent curve concave southwesterly and having a radius of 2,237.00 feet; thence westerly along said curve through a central angle of 2'40'07" an arc length of 104.19 feet; thence tangent to sa curve N 81"OO'OO" W 281.45 feet to the beginning of a tangent curve concave southeasterly having a radius of 25.00 feet; thence along said curve through central angle of 87'19'53" an arc 1 ength of 38.11 feet; thence tangent , S ll"40'07" E 30.56 feet; thence N 78'19'53" W 102.00 feet; thence N ll"40'07" E 10.00 feet to the beginning of a tangent curve concave southwesterly having a radius of 25.00 feet; thence northwesterly along said curve through a central angle of 94"46'51" an arc length of 41.36 feet to a point of compound curvature with a curve concave southerly and having a radi of 2,175.00 feet; thence westerly along said 2,175.00 foot curve through a central angle of l"06 '44" an arc 1 ength of 42.22 feet to a point of intersection with the southwesterly line of said Parcel "D", a radial line t said point bears N 5'46'32" E; thence along said southwesterly line N 28"21'23" W (N 28'55'39" W per Parcel Map No. 2993) 59.73 feet to the northwesterly corner of said Parcel "D", said northwesterly corner being a point on. the southerly right-of-way of Road Survey No. 1534, on file in the office of the County Surveyor of said County, said point being. on a DLW/ 1 cd 268-01-1(~) .300.23 Page 1 o j. @ .. e non-tangent curve concave southerly and having a radius of 1,450.00 feet, a radial line to said point bears N 5"54'10" E (S 5"54'27" W per Parcel Map No. 2993); thence easterly along said non-tangent curve and the northerly lil of said Parcel "D" through a central angle of 5"45'57" an arc length of 145.! feet; thence tangent to said curve S 78"19'53" E 573.30 feet (S 78"54'09" E per Parcel Map No. 2993), to the point of BEGINNING. DLW/ 1 cd 268-01-1{~) .300.23 Page 2 c .. i. e 0 ,AREA TU DE ACQUIRED 9WH - ZO,&f5#WW~ D.47pc. APN 212-0& - 2 CONSULTING ENGINEERS 4655 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (619) 576-9200 ' . '.Job NO. ' EW IVK '1 B,.'i 01987 POUNTNEY a ASSOCIATES,'?NC: Date: 6j/m/w By:p WpMi ' Sheet { 0 * , . e 0 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD CARLSBAD, CA 92008 "'.,., 1200 ELM AVENUE NU TRANSFER TAX DUE 1 SPACE ABOVE FOR RECORDER'S I EASEMENT DRAI NAGE Assessor Is Parcel NO. 212-040-38 Project ROBERT P. KELLY and RICHARD C. KELLY, as Trustees under that certain irre\c Trust dated November 25, 1985, FBO Robert P. Kelly, Richard C. Kelly and Ir Hendricks, et a1 . Hereinafter designated Grantor(s) do( es ) hereby grant, bargain, convey and r unto CITY OF CARLSBAD, a municipal corporation of the State of California, designated Grantee, its successors and assigns, a perpetual easemen right-of-way upon, through, under, over and across the hereinafter describe property for the installation, construction, maintenance, repair, replac reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE c and all structures incidental thereto, and for the flowage of any waters in, upon or through said channel, together with the perpetual right to I buildings, structures, trees, bushes, undergrowth, and any other obstr interfering with the use of said easement and right-of-way by the Grante' successors or assigns . To have and to hold said easement and ri ght-of -wa itself and unto its successors and assigns forever with the right to conve easement, or any portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easeme right-of-way by this grant is situated in the City of Carlsbad, County Diego, State of California, and is particularly described as follows: See the attached legal description designated Exhibit "A", consisting of 2 s and the attached Acquisition Plat designated Exhibit 'IB", each made a part by reference. f * 0 The Grantee shall have the right to fence all or any portion of said I herein conveyed within which there is installed or constructed an unenclosl drainage channel. The Grantee, it successors and assigns, shall be res1 for operating, maintaining, and keeping in good repair the above describc of improvement * The Grantor, his successors and assigns, reserves the right to enclose in i approved by the Grantee, its successors and assigns, any portion of an unl flood drainage channel provided such enclosure is constructed or install 1 icensed contractor in accordance with plans and specifications approved b; the satisfaction of the Grantee, its successors and assigns. In grant approval, the Grantee, its successors and assigns, may impose rel conditions, including, but not limited to, the filing by the contractor or of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor, his successors and assigns, the ri privilege to use the above described land of the Grantor at any time, manner and for any purpose not inconsistent with the full use and enjoyment Grantee, its successors and assigns, of the rights and privileges herein gr Executed this day of 9 19" STATE OF )ss. County of 1 On 9 19-9 before me, the undersigned, a Notary Pu and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evide be the persons(s) whose name(s) is/are subscribed to the within instrumt acknowledged to me that he/she/they executed the same. Witness my hand and official seal . Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the fol easement to the City of Carlsbad, a municipal corporation is hereby accef the City Council of said City of Carlsbad, California pursuant to Resolutio No. adopted on , and the Grantee conse. recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City C1 f 0 e EXHIBIT LEGAL DESCRIPTION Assessors Parcel No. 212-040-38 All that portion of parcel "D", of Parcel Map No. 2993, filed in the office 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 descri bed as fol 1 ows : Beginning at a point. on the southerly right-of-way of Road Survey No. 1534 file in the office of the County Surveyor of said County, known as Palomar Airport Road, at Engineers' Station '78+25.34 E.C.; thence along said souther' right-of-way S 78'19'53" E (N 78'20'53" W per said R.S. 1534) 94.97 feet to the TRUE POINT OF BEGINNING; thence leaving said southerly right-of-way, S 9'00'00" W 58.16 feet; thence S 81'00'00" E 20.00 feet, thence N 9'00'00" 57.23 feet to said southerly right-of-way; thence along said southerly right-of-way, N 78'19'53" W 20.02 feet to the TRUE POINT OF BEGINNING. DLW/se 268-01-1 (W)350.3 _. . e. e EHT. N'LY R/ " " I It ,+%"* ib R.5. I534 A7B" F?'59 w 20.02' t 570"17'53"E 94.9'7' / E%5T. " 4LY U/M 20.m' FARCE L I' 0" AREA To BE ACG?UIR!D PARCEL MAP NO. 299 340WN n APN 212-040 - 36 I lB.sc gtz = 0.03 LC. EXHIBIT * 0" memmwmmw CITY OF CAl?lS&AD ASSOC~A~LS ACQUISITION PLAl CONSUUlNG ENGlNEERS 4455 MURPHY CANYON W, Sum 200 SAN DEGO, CA %?I23 (679) 576-9200 Job No. 24 STORM WRAIN EASEMEdT 07987 mumw B ASSOC~ATER INC Date: ?/W/&7 By:D.WAUL Sheet I Of I I '? . I. e .. WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 I NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S I EASEMENT FOR OPEN SPACE Assessor's Parcel NO. 212-040-38 Project ROBERT P. KELLY and RICHARD C. KELLY, as Trustees under that certain irreb Trust dated november 25, 1885, FBO Robert P. Kelly, Richard C. Kelly and Ir Hendricks, et a1 . Hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and r unto CITY OF CARLSBAD, a municipal corporation of the State of California, designated Grantee, its successors and assigns, a perpetual easement fo space upon, through, under, over and across the hereinafter describe' property subject to the following to wit: 1) A perpetual easement for open space over, upon, across and under the s 1 and upon which no building, structure or other thing whatsoever sh constructed, erected, placed or maintained on the subject land except be permitted by written permission of the Grantee. 2) The perpetual right, but not the obligation to enter upon the subject 12 remove any buildings, structures or other things whatsoever constr erected, placed or maintained on the subject land contrary to any covenant or condition of this easement. Grantor covenants and agre itself and its successors and assigns as fol 1 ows: (a) That it shall not erect , construct , place or maintain or perm erection, construction, placement or maintenance of any build- structure or other thing whatsoever on the subject land other tha building, structures or other things as permitted by written pern of the Grantee. .\ @ '.. e ,. (b) That within said open space easement, the subject area will be 1 natural state for the protection of endemic biological resources, clearing or removal of any vegetation shall be permitted excep' brush clearing for fire protection purposes by written order I office of fire services coordinator within said open space easemer except as for 1 andscaping and the placement of drainage structur associated rip-rap within said open space easement, without the v authorization of the City of Carlsbad or its successors or assigns, (c) That it shall not excavate or grade or permit any excavating or < to be done or place or allow to be placed any sand, soil rock, gr; other material whatsoever on the subject land without the w permission of the City of Carlsbad or its successors or as provided, however, that the Grantor may excavate, grade or place soil, rock or gavel or other material on the subject land as is pet by written permission of the City of Carlsbad. (d) That the terms, covenants and conditions set forth herein I, specifically enforced or enjoined by proceedings in the Superior Cc the State of California. The grant of this easement and its acc'eptance by Grantee shall not authori publ ic or any members thereof to use or enter upon any or any portion 1 subject land, it being understood that the purpose of this easement is sol restrict the uses to which the subject land may be put. This easement shall bind the Grantor and its successors and assigns. To have and to hold said easement and right-of-way unto itself and un' successors and assigns forever with the right to convey said easement , portion of said easement , to other publ i c agencies. The real property referred to hereinabove and made subject to said easeme right-of-way by this grant is situated in the City of Carlsbad, County Diego, State of California, and is particularly described as follows: See the attached legal description designated Exhibit "A1', consisting of 1 and the attached Acquisition Plats, designated Exhibit "B", consisting of 1 each made a part hereof by reference. ,* . .. . 0 .I There is reserved to the Grantor, his successors and assigns, the rig privilege to use the above described 1 and of the Grantor at any time, manner and for any purpose, not inconsistent with the full use and enjoyment Grantee, its successors and assigns, of the rights and pri vi 1 eges herein gr; Executed this day of Y 19". STATE OF )ss. County of ) On , 19 , before me, the undersigned, a Notary Pub and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory eviden be the persons(s) whose name(s) is/are subscribed to the within instrume acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Pub1 ic in and for said County and State This is to certify that the interest in real property conveyed by the for corporati on grand deed to the City of Carl sbad, a municipal corporation is accepted by the City Council of said City of Carl sbad, Cal if ornia pursui Resolution No. adopted on , and the G consents to recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Clerk 385.24 1 . .. ., 0 EXHIBIT "A" Assessors Parcel No. 212-040-38 All that portion of Parcel I'D", of Parcel Map No. 2993, filed in the office 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 follows: Beginning at the northeasterly corner of said Parcel "D", thence along the easterly line of said Parcel 'ID", S 14"10'59" W (S 13"36'43" W per Parcel Ma No. 2993) 13.01 feet to the TRUE POINT OF BEGINNING; thence leaving said easterly line N 78'19'53" W 99.73 feet to the beginning of a tangent curve concave southwesterly and having a radius of 2,237.00 feet; thence westerly along said curve through a central angle of 2"40'07" an arc length of 104.19 feet; thence tangent to said curve N 81"OO'OO" W 281.45 feet to the beginnin of a tangent curve concave southeasterly having a radius of 25.00 feet; then( along said curve through a central angle of 87'19'53" an arc length of 38.11 feet; thence tangent S ll"40'07" W 30.56; thence N 78'19'53" W 102.00 feet; thence N ll"40'07" E 10.00 feet to the beginning of a tangent curve concave southwesterly having a radius of 25.00 feet; thence northwesterly along said curve through a central angle of 94'46'51" an arc length of 41.36 feet to a point of compound curvature with a curve concave southerly and having a radii of 2,175.00 feet; thence westerly along said 2,175.00 foot curve through a central angle of Ol"O6'44" an arc length of 42.22 feet to. a point of intersection with the southwesterly 1 ine of said Parcel 'ID", a radial line tl said point bears N 05"46'32" E; thence along said southwesterly line S 28"21'23" E (N 28'55'39" W per Parcel Map No. 2993) 20.11 feet; thence S 86'00'00" E 36.36 feet; thence S 04"OO'OO" E 38.00 feet; thence S 78"19'53" E 109.37 feet; thence N 42"30'00" E 49.73 feet; thence S 79'00'00" E 328.61 feet; thence N 74"OO'OO" E 68.00 feet; thence S 77"OO'OO" E 64.00 feet; thence S 1O"OO'OO" E 45.00 feet; thence N 84"OO'OO" E 15.11 feet to the easterly line of said Parcel 'ID"; thence alor said easterly line N 14"10'59" E 47.86 feet to the TRUE POINT OF BEGINNING. DLW/s e 268-01-1(~) .385.25 ?o:mtney 8 A550ciate5 11-ti;y-EY Project: --,in'. L,O#-oi4 * .. 01:45 Pt4 Pal krgt Ed tielst O/S Ease~~enylts e Jsw 1.11. r:IuPber: 4 I, G E 0 A R E A Listing 1597 * 1 GG5 349816.57.;0 678749.6727 "- iklE -2" 49' ij7.Qfj' L= i$4.i?CG T= 52.1047 3{7G%5.~~3~ 478297.23?& 1664 * lq' J :;$9BTI; .29& iya3$5,1968 -_.,_ ~ .. r.! 1 . .J -87" 19' 5:;.$0' I= 38*!&5 T= 23,Sr;i'j 3$:;354.59gq g3gz55z2$;g idrjf .24:3s>4.654~ 67834{).gq26 1804 3$9823,12&1 @g234.&;ig '7, L,S;e .y-7 24: 2; i ,j3>) &7:;234 *7257 1654 34':z6QX149i gs23rj.9523 i i:':f+ i 5.' -99" 46' 51*($' i= 41 ~ -=c- *.,,& p= 27, iT$l z;5gby?553 67821'2,2@$ 1652 .T JYJb>J,Jh?g t~ -*ny 1.7 si 67$2i5.'2670 ioLr -?x I Or;' i 5yz?<ln .+A L= $2*221$ p= 71 ill1 3477"' ,';;o.Y22!] rj7?554,43$Q :?is0 ';43$~g4.&8ii 67g17>=3QiQ q "," J$Y/ :ib ~ 4025 67.&&$7. 34i7 w i'?" i9' 53,g)' 4 93 x 7300 f! li" 4{]' fi7,$ij3 E i$Aaj 2237,$~6Q ~ ." 3 9" @I' C;O*Q03 E <pAO) ??27 LAC, .lJurJ<j 9""- .-. L q:-:.jr .-. .- r - J+,g4Q,i:1& $7&$ya!g]5 ' M $1" iJ0' (!Q*$O' y 2gi,a455 - - _r ;Lid" 8 qs 00; fifi "0' P -,=~ G {RADji 25 I $i)$Q tj 78" 19' 53,rjQE &i ($AB) 25 I GO$$ s 1:" $ij/ $7,{]0' g 3$,5GQi 8 78" 13; 52,013' y 102 1 0000 N 11- +$I' (,?'$Q' I: 19. cijog s 70" i:j' 53=fiOE E i .2 i WAfi j 25 = $$fij q i;" C-I' I. - J.j i6s0$8 E {$AI!) .?5 !y-$G i .-. i. - - .- .. r-- - - .-.l- ibd$ Y =\5-:. $ 6" 53' IG.O$' E ($Aft) 7175 <?'irF Y- -,A iJ 7 ,- .-._ fii_ - }j 5" 46' 32.fjQ' 2 <PA;l; 'L175,()0CIij s 28" 21 3 'i? gci E .YL.?I" - 20,1056 5 81;" 00' GO,@' E .q; ,-zi'.7.-. c $" ogi 0Q,ijO3 7 t :38.@61:, ::: /b' Ly' 53,g0' E ig"i.3691 3 92" 30' 0$,{$' E $9 73"' g - "z-+ i7 $Qj $Qn$iJ' i: .'Ls:2 &)-. .- r &! 74s 00' gOx[)$a E in JQ, i>b!,<: "" 11?j2 ~gpr;~9~sQ 6$81;2,8535 - 1 .-. ?< .i,..l:s:!t' liJ.2i-i 3@27$,45!7 6782jZg.123g l!}:jl j ,.- - ./ .: d*70;c*Jii$.> hnnv c .e 2.- 678221.7747 .- n>y --. ~ i .-..-I r ." iijSi; .rqfil4'$2$:11 67$328.8835 1533 349851,59:4 $?2362.$828 LOP! 3dqsr:" --fs2x,nL--d .?+Z.lj: iYl.-;*vb-:s ,, ciy. cy;.: z . .2.-SL i 7. * i~ .kdb.J i -,7c 192, . I .-..-. r.r. &<js:>/.1337 &?s75Ox4177 i036 jyJi?L.?368 67$5!'1.7$7$ 1037 3$3~+~ .qat& : -- 67qrq La$ ..J?iJ cz- e 1103 349749.9994 672855.6145 1697 34973G,$025 6788$7,3$13 S 77" 80' ()$=fJGi E 64 ~ OQC0 * ti?F" 5 10" $0' gj*(jQ' E $5 ~ i:li;fjo t\! €4" 06' fi(j,rJoa E 15.1857 N 14" io' 59.00' E 47 * 8h28 Area = 18798.499 sq.ft Ferieieter = 1571 .?54 ft. - - 0.93% acres I--"-- N'LU CORNEK PAM nC" PARCEL MAP NO. 2993 0" 21' 23" E 59.73' FA\X EL 1' 1\19. 299 I I APN 212-04Q-31 AREA 70 BE ACISUIKED .. SHDWNED Yizzzzz2 I' ! EXHIf3l1'0' L I ASSOCIATES I CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGC! CA 92723 (619) 576-9200 1 CITY Of CARL50AD ACQUISITION PLA OPEN SPACE Eh5'EMENT Job No. 2 e. .- A II) * WHiEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 .ELM AVENUE CARLSBAD, CA 92008 I - NO TRANSFER TAX DUE I SPACE ABOVE FOR RECORDER'S \ EASEMENT FOR PUBLIC HIGHWAY Assessor's Parcel NO. 212-040-37 Project W.O. No. RICHARD CARROLL KELLY and ROBERT PATRICK KELLY, as Trustees under tha revocable Trust dated Feb. 18, 1975, for the benefit of CARROLL R. KELLY an KELLY, Trustors, as to an undivided one-half (1/2) interest ; and RICHARD CAR and ROBERT PATRICK KELLY, as Trustees under that certain irrevocable TI August 31, 1982, for the benefit of IRENE K. HENDRICKS, et al, as to an one-ha1 f (1/2) interest. Hereinafter called GRANTOR do(es) hereby grant, convey and dedicate to th CARLSBAD, State of California, hereinafter called GRANTEE, and easement 1 highway and pub1 i c uti 1 i ty purposes and incidents thereto, upon, over and a certain real property within the CITY OF CARLSBAD, State of California, de fol 1 ows : See the attached legal description designated Exhibit "A" and the attached A Plat designated Exhibit "B", each made a part hereof by reference. .f . . c) e * The Grantor hereby further grants to the City of Carlsbad that privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of there herein described right-of-way where required for the construction and maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, approved in writing by said Engineer(s). provided such substitution is first The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this day of , 19 -* STATE OF 1 ss. County of > On , 19-9 before me, the undersigned, a Notary Public in and for said County and State, personally appea,red personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted .on recordation thereof by its duly authorized officer.' and the Grantee consents to Dated BY ALETHA L. RAUTENKRANZ, City Clerk e * LEGAL DESCRIPTION Assessors Parcel 212-040-37 AI1 that portion of Parcel "C", of Parcel Map No. 2993, filed in the office the County Recorder of San Diego County, August 23, 1974, in the City of Ciirlsbad, County of San Diego, State of California, being more particularly described as fol 1 ows : BEGINNING at the most northeasterly corner of said Parcel "C", said point being on the southerly right-of-way of Palomar Airport Road, according to R Survey No. 1534, on file in the office of the County Surveyor of said Count staid point being on a curve concave southerly and having a radius of 1,450. feet a radial line to said point bears N 05'54'10" E; thence along the northeasterly line of said Parcel "C" S 28'21'23" E (S 28'55'39" E per Parc Mtap No. 2993) 59.73 feet to the intersection with a non-tangent curve conca southerly having a radius of 2,175.00 feet, a radial line to said point bea ". N 5'46'32" E; thence westerly along said non-tangent curve through a centra angle of 2"26'32" an arc length of 92.71 feet to a point of reverse curvatu with a curve concave northeasterly and having a radius of 40.00 feet; thenc easterly along said reversing curve through a central angle of 31'14'20" ar arc length of 21.81 feet to a point of reverse curvature with a curve conca southwesterly and having a radius of 40.00 feet; thence easterly along saic second reversing curve through a central angle of 32'20'47" an arc length c 22.58 feet to a point of compound curvature with a curve concave southerly having a radius of 2,187.00 feet; thence westerly along said 2,187.00 foot radius curve through a central angle of 13'46'36" an arc length of 525.86 f to an intersection with the northwesterly line of said Parcel "C", said poi a1 so being on the southeasterly right-of-way of Palomar Airport Road accorc to said Road Survey No. 1534; thence leaving said curve, non-tangent, alons the northwesterly line of said Parcel "C" North 70'46'53" E (N 70'12'37" E Parcel Map No. 2993) 2.11 feet to the beginning of a tangent curve concave southerly having a radius of 1,450.00 feet; thence easterly along said cur\ through a central angle of 25'07'17" an arc length of 635.75 feet to the PC of BEGINNING. rll w /I ,-A 7~s" -1 fw\ 21 I" I NG'LY LlhlE PARCEI PAIQCeL 0. P,M .2 'C' ( 4W'LY LlSJE WIN7 OF 3 28 Oz I '23)' E 39.73 I (H 20'55'39"VY PER F A = 3Zo2Oh7" K =40.OOJ Lt ?AFKE I, MA? 212-04A7" 4KEA TC? 'Be AWIIQE SWwM "7s [6,6@.6/ ftz=D&AC SEE DETAIL A 1- me@mm!w'v OCIA~ES ACQUISITION PLA' CITY OF- CnRLSBAO I CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUE 200 EXl-ItBrr ' B ' SAN DIEGO, CA 92123 (619) 576-9200 I Job No. 2 0 0 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 I - NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S ~ Assessor's Parcel NO. 212-040-37 EASEMENT DRAINAGE Project RICHARD CARROLL KELLY and ROBERT PATRICK KELLY, as Trustees under that revocable Trust dated February 18, 1975, for the benefit of CARROLL R. KE ALICE L. KELLY, Trustors, as to an undivided one-half (1/2) interest ; and CARROLL KELLY and ROBERT PATRICK KELLY, as Trustees under that certain i rre Trust dated August 31, 1982, for the benefit of IRENE K. HENDRICKS, et a1 an undivided one-ha1 f (1/2) interest . Hereinafter- designated Grantor(s) do(es) hereby grant, bargain, convey and ulqto CITY OF CARLSBAD, a municipal corporation of the State of California, designated Grantee, its successors and assigns, a perpetual easeme right-of-way upon, through, under, over and across the hereinafter describ property for the installation, construction, maintenance, repair, repla reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE and all structures incidental thereto, and for the flowage of any waters in upon or through said channel, together with the perpetual right to buildings, structures, trees, bushes, undergrowth, and any other obst interfering with the use of said easement and right-of-way by the Grant successors or assigns. To have and to hold said easement and right-of-w itself and unto its successors and assigns forever with the right to conv easement, or any portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easem right-of-way by this grant is situated in the City of Carlsbad, County Diego, State of California, and is particularly described as follows: See the attached legal description designated Exhibit "A", consisting of 2 and the attached Acquisition Plat designated Exhibit "B", consisting of 4 each made a part hereof by reference. 0 0 The Grantee shall have the right to fence a17 or any portion of said e herein conveyed within which there is installed or constructed an unenclose drainage channel The Grantee, it successors and assigns, shall be resp for operating, maintaining, and keeping in good repair the above describe' of improvement. The Grantor, his successors and assigns, reserves the right to enclose in a approved by the Grantee, its successors and assigns, any portion of an une flood drainage channel provided such enclosure is constructed or installc 1 lcensed contractor in accordance with pl ans and specifications approved by the satisfaction of the Grantee, its successors and assigns. In granti approval, the Grantee, its successors and assigns, may impose rea conditions, including, but not limited to, the filing by the contractor or of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor, his successors and assigns, the ric pri vi1 ege to use the above described land of the Grantor at any time, manner and for any purpose not inconsistent with the full use and enjoyment Grantee, its successors and assigns, of the rights and privileges herein gri Executed this day of '- 19 . ~ ~~~ ~~~~ ~-~~ ~ - - STATE OF )ss. County of 1 On 9 19-3 before me, the undersigned, a Notary Put and for said County and State, personally appeared - personally known to me (or proved to me on the basis of satisfactory evidet be the persons(s) whose name(s) is/are subscribed to the within instrume acknowledged to me that he/she/they executed the same. Wiitness my hand and official seal. - Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the for easement to the City of Carlsbad, a municipal corporation is hereby accep the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee conser racordati on thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Cle 0 0 EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel 212-040-37 A11 that portion of Parcel "C", of Parcel Map No. 2993, filed in the offici the County Recorder of San Diego County, August 23, 1975, in the City of Carlsbad, County of San Diego, State of California, being more particularlj described as foll ows : Beginning at the northwesterly corner of said Parcel "C", said point being the southerly right-of -way of Palomar Airport Road, according to Road Survt No. 1534, filed in the office of the County Surveyor of said County; thencc along said southerly right-of-way, N 70'46'53" E (N 70'45'53" E per said Rc Survey No. 1534) 0.85 feet to the TRUE POINT OF BEGINNING "A"; thence leavi said southerly right-of-way S 20'16'45" E 20.12 feet; thence N 69'43'15" E 30.00 feet; thence N 20O16'45" W 19.56 feet to said southerly right-of-way; thence along said right-of-way, S 70'46'53" W 30.00 feet-to the TRUE POINT BEGINNING "A". Together with the following described portion of said Parcel "CI': Beginning at the northwesterly corner of said Parcel "C"; said point being the southerly right-of-way of Palomar Ai rport Road according to Road Surve) N,o. 1534 filed in the office of the County Surveyor of said County; thence along said right-of-way, N 70'46'53" E (N 70'45'53" E per said Road Survey hlo. 1534) 239.77 feet to the TRUE POINT OF BEGINNING ''B''; thence leaving sa southerly right-of-way S 20'16'45" E 5.70 feet ; thence N 69'43' 15" E 20.00 feet; thence N 20'16'45" W 5.33 feet to said southerly right-of-way; thenc a.long said southerly right-of-way S 70'46'53" W 20.00 feet to the TRUE POIN OF BEGINNING "B". OLW/se 2168-01-1 (W)347.71 Page 1 a a Together with the following described portion of said Parcel "CII: Beginning at a point on the northerly line of said Parcel "C", said point being on the southerly right-of -way of Road Survey No. 1534, known as Pa101 Ai rport Road, fi 1 ed in the office of the County Surveyor of said County, sa point being Engineer's Station 70+16.71 B.C. per said Road Survey No. 1534; thence a1 ong said southerly right-of -way, easterly along a curve concave southerly and having a radius of 1450.00 feet, through a central angle of O"13'45" an arc length of 5.80 feet to the TRUE POINT OF BEGINNING "C"; ther leaving said southerly right-of-way, S 11'05'00" E 33.03 feet; thence N 78'55'00" E 20.00 feet; thence N 11" 05'00" W 35.67 feet to said souther13 right-of-way of said Road Survey No. 1534, said point being on said 1,450.0( foot radius curve, a radial line to said point bears N 18O11'32" W; thence westerly along said curve through a central angle of 0'47'50" an arc length 20.17 feet to the TRUE POINT OF BEGINNING "C". Together with the foll owing described portion of said Parcel Yll: Beginning at the most northeasterly corner of said Parcel "C", said point being on the southerly right-of-way of Road Survey No. 1534, known as Paloma Airport Road, filed in the office of the County Surveyor of said County; thlence a1 ong said southerly right-of-way, westerly a1 ong a curve concave sclutherly and having a radius of 1450.00 feet, through a central angle of 4c'50'07" an arc length of 122.36' feet to the TRUE POINT OF BEGINNING "0"; thence leaving said southerly right-of-way, S l"30'15" W 64.99 feet; thence N 88'29'45" W 20.00 feet; thence N 1°30'15" E 64.70 feet to said southerly right-of-way of Road Survey No. 1534, said point being on said 1,450.00 foot radius curve, a radial 1 ine to said point bears N 0'16 '38" E; thence easterl a1 ong said curve through a central angle of 0'47'25" an arc length of 20.00 feet to the TRUE POINT OF BEGINNING I'D". Dl.W/se 268-01-1 (W)347.71 Page 2 c e I 11% 40' -5. I4 F+ 0.01 Ac. APN 212-040- ASSOCIATES ACQUISITION PLA' CONSULTING ENGINEERS 57&~ p6PIIh.l EA*MENT A455 MURPHY CANYON RCMD, SUITE 200 SAN DIEGO, CA 92123 (679) 576-9200 Job No. 2 e." LA. .. - .C.. - I""." .. .1 mu. abrs& I tw PAFKEL r, F?\KEL J\/J/\F-' 8 jyu, 2993 3 - i9 8 Am aG+a-@rn -2JpG ZU-a?' I I rn $B P 8 tii s - 8 .-y--.-~~~~ 'E e7Q MW&.muE NWlQ'45"E 88 B 6. wr Bg =+ f- - AF4aTw3ebG?Lwm7 WE-l 'bssxsq w' I 59' 11O.?OF+2= 6*mz u 'L I I E~HII3l-l- B 14 mammmmmw GhY6 GWM ASS0,CIATES ACQUISITION PLA' CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 - WIN "EXIT Job No.* SAN DIEGO, CA 92123 (679) 576-9200 h"" ". .. - .-.* - . "a -. ."- .. .- --aa- -IA-IAA n--- .- . a- -. Am" -a- nl / MEC?\TOW mw%D mt4 T7Tn &7J41FtZ = 0.02 4c, P?\FKE!- c pk\F{p,l , 1\] 9, 2993 APN GIZ-w.0 - 37 ExUI0t-f 'D' 4Pe9rnHWrnMIW cn"f OF C&GL5eAD ASSOCIATES ACQUISITION PLA' CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUE 200 5106~ DRAN EAGEMEA~T SAN DIEGO, CA 92123 (679) 576-9200 Date: a ImI ofl Bv: 0. I- Ibl II . Short 901 6?=7 PfM N7NFY & ACCATIATCC INC Job No. 2 b -, .. ~I TI \M 5" --- - D -1 " II "- NOluW- Y 'mEpMTa= pwiaGI,wwL E-t68*3'rc*t;m.m' w t@* w?@ -70 m%w!?ulW %\FCTl 8 c pg!\F(c r;: I , 1\J 0, 2993 ApN 212-a&9 "a? -I4 Essl lCZq7. % FtZ = 0.03 M. E%Hl617 @' pmmmmmw ASSOCIATES I ACQUISITION PLA G"Ot=" I CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 5WRM t3R411J WE" SAN DIEGO, CA 92723 (679) 576-9200 Job No. < - """. .. " "" - "" - ~~~ n-A-- -tA -I- - n--- ._ . . .~ ~L,,IRA NE'LV CORNER PAR "W" ...... PARCEL MAP NO. 2493 N 14' 10' 5q'l E 13.0 1 ' RUE POINT OF BEG\NN\ SW'LY LINE PAK "0'' PARCEL MAP NO. 2993 NG L\W iL M APN 21 2-040-30 AKEA TO BE ACQUIRED SHOWN , V7 OF CAKL50AD ISITION PLA' I CONSULTING ENG/N€ERS 4455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (679) 576-9200 OPEM 5PKE :' EA5EMW Job No. 21 It . .- 0 ,, WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE i SPACE ABOVE FOR RECORDER'S 1 EASEMENT FOR OPEN SPACE Assessor's Parcel NO. 212-040-37 Project RICHARD CARROLL KELLY and ROBERT PATRICK KELLY, as Trustees under that ( revocable Trust dated February 18, 1975, for the benefit of CARROLL R. KEL ALICE L. KELLY, Trustors, as to an undivided one-half (1/2) interest; and F CARROLL KELLY and ROBERT PATRICK KELLY, as Trustees under that certain irrei Trust dated August 31, 1982, for the benefit of IRENE K. HENDRICKS, et a1 , an undivided one-half (1/2) interest. Hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and I unto CITY OF CARLSBAD, a municipal corporation of the State of California, designated Grantee, its successors and assigns, a perpetual easement fo space upon, through, under, over and across the hereinafter describe property subject to the following to wit: 1) A perpetual easement for open space over, upon, across and under the : land upon which no building, structure or other thing whatsoever sh constructed, erected, placed or maintained on the subject land except be permitted by written permission of the Grantee. 2) The perpetual right, but not the obligation to enter upon the subject 1; remove any buildings, structures or other things whatsoever constr erected, placed or maintained on the subject land contrary to any covenant or condition of this easement. Grantor covenants and agre itself and its successors and assigns as follows: (a) That it shall not erect, construct, place or maintain or perm erection, construction, placement or maintenance of any build structure or other thing whatsoever on the subject land other th2 building, structures or other things as permitted by written perr of the Grantee. .. 0 ,, (b) That within said open space easement, the subject area will be . natural state for the protection of endemic biological resources, clearing or removal of any vegetation shall be permitted excep brush clearing for fire protection purposes by written order office of fire services coordinator within said open space easeme, except as for 1 andscapi ng and the placement of drainage structul associated rip-rap within said open space easement, without the authorization of the City of Carlsbad or its successors or assigns (c) That it shall not excavate or grade or permit any excavating or ! to be done or place or allow to be placed any sand, soil rock, gri other material whatsoever on the subject land without the w permission of the City of Carlsbad or its successors or as pr.ovided, however, that the Grantor may excavate, grade or place soil, rock or gavel or other material on the subject 1 and as is pel by written permission of the City of Carlsbad. (d) That the terms, covenants and conditions set forth herein specifically enforced or enjoined by proceedings in the Superior CI the State of California. The grant of this easement and its acceptance by Grantee shall not author. public or any members thereof to use or enter upon. any or any portion subject land, it being understood that the purpose of this easement is sol restrict the uses to which the subject land may be put. This easement shall bind the Grantor and its successors and assigns. To have and to hold said easement and right-of-way unto itself and un successors and assigns forever with the right to convey said easement, portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easeme right-of-way by this grant is situated in the City of Carlsbad, County Diego, State of California, and is particularly described as follows: See the attached 1 egal description designated Exhi bit "A" , consi sting of 1 and the attached Acquisition Plats, designated Exhibit "8", consisting of 1 each made a part hereof by reference. . .. e There is reserved to the Grantor, his successors' and assigns, the righ privilege to use the above described land of the Grantor at any time, i manner and for any purpose not inconsistent with the full use and enjoyment I Grantee, its successors and assigns, of the rights and privileges herein gral Executed this day of ¶ 19". - STATE OF >ss. County of- - ) On Y 19- , before me, the undersigned, a Notary Pub and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory eviden be the persons(s) whose narne(s) is/are subscribed to the within instrume acknowledged to me that he/she/they executed the same. Witness my hand and official seal . Notary Pub1 ic in and for said County and State This is to certify that the interest in real property conveyed by the for corporation grand deed to the City of Carlsbad, a municipal corporation is accepted by the City Council of said City of Carl sbad, Cal i fornia pursu Resolution- No. adopted on , and the C consents to recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Clerk 385.22 *e ,. 0 EXHIBIT "A" Assessors Parcel 212-040-37 All that portion of Parcel "C", of Parcel Map No. 2993, filed in the office 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 fol1 ows: BEGINNING at the most northeasterly corner of said Parcel "C", said point being on the southerly right-of-way of Pal omar Airport Road , according to Ro 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 1,450.0 feet, a radial line to said point bears N 05"54'10" E; thence along the northeasterly line of said Parcel "C" S 28"21'23" E (S 28"55'39" E per Parce Map No. 2993) 59.73 feet to the intersection with a non-tangent curve concav southerly having a radius of 2,175.00 feet, a radial line to said point bear 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 leng 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 radi 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"OO'OO" E 228.00 feet; thence N 72'00'00" E 220.00 feet; thence N 77"OO'OO" E 148.00 feet; thence N 82'00'00" E 343.00 feet; thence S 87"OO'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"; then1 N 28"21'23" W 20.11 feet to the TRUE POINT OF BEGINNING. ' DLW/se 268-01-4(~)385-23 . ~iu1IDiIZ-y U tl>!iUCldlrC> 11-Hay-88 Frnject: 268-014 cser 1.D. nmkser: 4 ., e .- 01:4i Pi4 Pal Arpt Bd tiest O/S. Easeeenylts m 6 E Q A R E A Listing 1900 349894.6811 678i73.3042 M 5" 46' 32.00' E (%An) 2175.0000 N 3" 20' 00.00* E (RAD) 219S.0000 s 3" 20' OQ.00' 8 (F;AIti 40 * 0002 i' Jf 24' 20.41' # (I;AD) 40, OQijQ N 34" 34' 20.47~ E ifiAiIf 40 I 0QQ0 1527 -2" 26' 32.00' L= 93,7090 'f= 46.2615 347732.7220 677954,4300 1640 349962.0422 678080*gg5(, 1636 31" 14; 20.47' L= 21,8983 y= i1.182~ :!4?9:1,374& 678gg.~..z20g ii.37 3:33$?.0$82 6780:$0,5229 p 1AB i635 -32" 20' 3j.778 j,= .3.: a==3 -E"" J]/ - I= ii.6000 349876.i017 678037,8251 ~ 2" 13; 4$,50' E !$AB) @I DQQ<i N ck' i! 13' ;4,Qfj1 E (&$) 2187=QQQQ 1634 '349?Ii..0715 678039.3go5 1627 -22" 30' 19.00' i,= 859,0343 T= 4::J.i261 "j477"J,7220 677554.4304 N 20" 16' 4fr,x00* w fHkD) 2187.0000 s r,l" 4.31 15.32' 8 .-,.- SA$, 3059 3 -I LJ o?,$O' E 22,156'3 8 65" Ot3' 00.0i!' E 7" qc4.7 ti $8" 00; 00.00' E 26.2GOi !! 56" 00' 00,#0' 2 228 i (>go0 ;&23 :343782.16$3 6771'36,4276 1938 F ~g&4,&?85 .- 671;g7:2=FJ@a 7 i. .q .-+ql .q ""n -r---r ivhi L - ,4& * g:: /' I./b8lidX0/k4 ;!Id2 349i;4?,2212 ij?6:j55.t@$ ltj23 3496&1,"-" !> :Jtji/ ,""".A o&y/*.(,,qJq P cb+ "S ? I .7_ .5.ir _Y 1024 3497j2s5<-z& 679jg2=9g1a 3 72" Cot 00,00' E 220 * !j0(}tj loa:; .?63:z7" r.-,ra .r".-:.". -7 +F. i'r Y/.ii&S ' Ui/JJL.ZL%i 1026 342j8$J,gj4! &7yz;&s42;$ 1027 3~.SSj,,c! 1 i, g - I ccec <;LJJ 67787i. , t:;82'3 1 ij-:;-. L> 34'1480 i.>,:,' 678'5- rsu2.t !! 'h.8623 i r;Ly ;y$gj4.9152 67gQ63.4'@3 " i i!jz 349;76.9;80 &7g182.2535 1700 343~34.h~ii t781y.zS3$q~ N 77s 00' 00.0<1' E i48.0000 p! 82" QO' Q8,QO' E 343, &j@ 5 3-3 giS Q0*@' E - l;ji,!j00Q -_ 5 65" 90' 00.(,0' E 36. 0000 J bb" 00' Oij.00' E lf:3,&&iI g 28" 21' 23,gfis !#j 20.t656 7 ,x,.- - P -3.- " Area = 25377.777 sq,ft Perigeter = 2726.5B6 ft,. - - 0.58215 acres 0 .. e WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE I SPACE ABOVE FOR RECORDER'S I EASEMENT FOR OPEN SPACE Assessor's Parcel NO. 212-040-35 Project RICHARD CARROLL KELLY and ROBERT PATRICK KELLY, as Trustees under that ( irrevocable Trust dated August 31, 1982, for the benefit of IRENE K. HENDRI( et al. Hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and t unto CITY OF CARLSBAD, a municipal corporation of the State of California, designated Grantee, its successors and assigns, a perpetual easement fo space upon, through, under, over and across the hereinafter describe property subject to the following to wit: 1) A perpetual easement for open space over, upon, across and under the 5 land upon which no building, structure or other thing whatsoever sh constructed, erected, placed or maintained on the subject land except be permitted by written permission of the Grantee. 2) The perpetual right, but not the obligation to enter upon the subject 1; remove any buildings, structures or other things whatsoever constr erected, placed or maintained on the subject land contrary to any covenant or condition of this easement. Grantor covenants and agre itself and its successors and assigns as follows: (a) That it shall not erect, construct, place or maintain or perm. erection, construction, placement or maintenance of any build: structure or other thing whatsoever on the subject land other tha building, structures or other things as permitted by written pern of the Grantee. ' .. a (b) That within said'open space easement, the subject' area will be : natural state for the protection of endemic biological resources, clearing or removal of any vegetation shall be permitted excep brush clearing for fire protection purposes by written order office of fire services coordinator within said open space easeme] except as for landscaping and the placement of drainage ,structur associated rip-rap within said open space easement, without the ' authorization of the City of Carlsbad or its successors or assigns (c) That it shall not excavate or grade or permit any excavating or to be done or place or allow to be placed any sand, soil rock, gr other material whatsoever on the subject land without the b permission of the City of Carlsbad or its successors or as provided, however, that the Grantor may excavate, grade or placl soil, rock or gavel or other material on the subject land as is pe by written permission of the City of Carlsbad. (d) That the terms, covenants and conditions set forth herein specifically enforced or enjoined by proceedings in the Superior C the State of California. The grant of this easement and its acceptance by Grantee shall not author public or any members thereof to use or enter upon any or any portion subject land, it being understood that the purpose of this easement is so restrict the uses to which the subject land may be put. This easement shall bind the Grantor and its successors and assigns. To have and to hold said easement and right-of-way unto itself and ur successors and assigns forever with the right to convey said easement , portion of said easement , to other pub1 i c agencies. The real property referred to hereinabove and made subject to said easem right-of-way by this grant is situated in the City of Carlsbad, County Diego, State of California, and is particularly described as follows: See the attached legal description designated Exhibit "A", consisting of 1 and the attached Acquisition Plats, designated Exhibit "B", consisting of 1 each made a part hereof by reference. .- .. 0 There is reserved to the Grantor, his successors and assigns, the ris privilege to use the above described land of the Grantor at any time, manner and for any purpose,not inconsistent with the full use and enjoyment Grantee, its successors and assigns, of the rights and privileges herein gri Executed this day of 9 19" STATE OF )ss. County of 1 On Y 19- , before me, the undersigned, a Notary Pul and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evider be the persons(s) whose name(s) is/are subscribed to the within instrum acknowledged to me that he/she/they executed the same. Witness my hand and offici a1 seal . Notary Public in and for said County and State Thi s is to certify that the interest in real property conveyed by the fo corporation grand deed to the City of Carlsbad, a municipal corporation is accepted by the City Council of said City of Carlsbad, California pursr Resolution No. adopted on , and the consents to recordation thereof by its duly authorized officer. Dated BY ALETHA t. RAUTENKRANZ, City C1 ark 385.20 I. e ., EXHIBIT "A" Assessors Parcel 212-040-35 All that portion of Parcel "A", of Parcel Map No. 2993, filed in the office 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 fol1 ows: BEGINNING at the most northwesterly corner of said Parce.1 "A", said point being on the southerly right-of-way of Palomar Airport Road, according to Ro Survey No. 1534, on file in the office of the County Sbrveyor of said County thence a1 ong the northwesterly line of sa'i'd Parcel "A" S OO"03'18" W (N OO"31'16" W per Parcel Map No. 2993) 37.46 feet; thence N 63"OO'OO" E 66. feet; thence N 69"OO'OO" E 559.39 feet to the easterly line of said Parcel "A"; thence along said easterly line and its northerly prolongation N 09"13'07" W (N 09'47'23" W per said Parcel Map No. 2993) 22.16 feet; thenc S 69"43'15" W 616.52 feet to the northerly prolongtion of the westerly line said Parcel "A"; thence along said prolongation, S OO"O3'18" W 1.59 feet to the point of BEGINNING. D LW/s e 268-01-4(~)385.21 ?oyntney 8 Associates 11-Hay-88 Project: 268-014 User. 1.11. nuntber E 4 * .. #1:30 PW Pal Arpt, Hil lest, WS Easemer~ylts I) ,, C; E 0 k R E A Listing 1643 1101 i(i2Q 1021 1?% s 0" 03' le.Ouz 4J N 63" O(3' uo.ooa E N 54" 00' 80.rictR E N 7" 13' O7.i]Oi iJ 5 69" 43' 15,00' id 2.- +s,uo 4 . -7" " i hSi s 0.q 0.78 1- ?.-x . ig43 344447.4247 676300.2244 349i111.9647 676300.1835 349442.3609 676359.8444 +& = ,/btrti2.0784 3496b4.6925 67~8 .Fm 3+>$51 '011.8 r,7&33J ~ 2260 3$'34# * 4243 i_.ii-3ijo "2244 37,4600 65, 4534 YTij -2 3 ." - .,€+E4 22 * 1569 616,5277 1,5"321 3+jG.Y-! 8277 i?" Area = f5103.425: sq.ft, &r.i%eter = 1304,&8 ft,. - - o.;&'j7 acre5 r 4, .. E'LY L\NE PARCEL "A" P.M. NO. 2993 APN 212-040-35 AREA 70 BE ACQUIRE0 SHONN m IATES CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUIT€ 200 SPACE EA5EEMEN-T SAN DIEGO, CA 92723 16791 576-9200 Job No. - I .. 1 0 "". . . .. Order No. .. I a Escrow No. Loan No. WHEN RECORDED MAIL TO: I SPACE ABOVE THIS LINE FOR RECORDER'S MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ ...................... ...... Computed on the consideration or value of proper ...... Computed on the consideration or vallie less liens remaining at time of sale. Signature of Declarant or Agent determining tax - ~-~ CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ASSESSORS PAX HUNTINGTON BEACH COMPANY a corporation organized under the laws of the State of California, hereinafter called GRANTOR GRANTto the City of Carlsbad, a municipal corporation of the State of Californi hereinafter called GRANTEE the real property in the City of County of San Diego , State of California See the attached legal description designated Exhibit "A" consisting of 2 sheets and attached Acquisition Plat designated Exhibit "B", each made a part hereof by reference. The Grantor hereby further grants to the City of Carlsbad that privilege and rig drainage structures and excavation and embankment slopes beyond the limits of th described right-of-way where required for the construction and maintenance of sa Highway. RESERVING unto grantor of the above described parcel of land, his succ assigns, the right to eliminate such slopes and/or drainage structures or portio when in the written opinion of the City Engineer of Grantee, the necessity theref' by substituting other protection, support and/or drainage facility, provided suc: substitution is first approved in writing by said Enginer(s). The Grantor hereby further grants to Grantee all trees, growths (growing or that grow), and road building material within said right-of-way, including the right together with the right to use the same in such manner and at such locations at may deem proper, needful or necessary, in the construction, reconstruction, impr maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim fo all damages to Grantor's remainingpropertycontiguous to the right-of-way hereby reason of the location, construction, landscaping or maintenance of said highway Dated STATE OF CALIFORNIA COUNTY OF On , before me, 1 J=. J BY the undersigned, a Notary Public in and for said State, personaliyappear- ed and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary, BY on behalf of the corporation therein named, and acknowledged to me that such cor- poration executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. I_ - .” 0 a This is to certify that the interest in real property conveyed by the foregoi corporation grand deed to the City of Carlsbad, a municipal corporation is here accepted by the City Council of said City of Carlsbad, California pursuant Resolution No. adopted on , and the Grant consents to recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Clerk e 0 . , WHEN RECORDEDy PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S EASEMENT FOR PUBLIC HIGHWAY Assessor's Parcel NO. 212-041-03 Project W.O. No. HUNTINGTON BEACH COMPANY, a California Corporation. Hereinafter called GRANTOR do(es) hereby grant, convey and dedicate to t CARLSBAD, State of California, hereinafter called GRANTEE, and easement highway and public utility purposes and incidents thereto, upon, over and certain real property within the CITY OF CARLSBAD, State of California, d fol 1 ows : See the attached legal description designated Exhibit "A" consisting of 2 attached Acquisition Plat designated Exhibit 'IB", each made a part reference. e 0 *. The Grantor hereby further grants to the City of Carlsbad that privilege ar extend drainage structures and excavation and embankment slopes beyond tht there herein described right-of-way where required for the constrl maintenance of said City Highway. RESERVING unto grantor of the above parcel of land, his successors or assigns, the right to eliminate such slc drainage structures or portions thereof, when in the written opinion 01 Engineer of Grantee, the necessity therefore is removed by substitul protection, support and/or drainage facility, provided such substitutiol approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing ( hereafter grow), and road building materials within said right-of-way, in( right to take water, together with the right to use the same in such mar. such locations as said Grantee may deem proper , needful or necessar construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any Cli and all damages to Grantor's remaining property contiguous to the right-of. conveyed by reason of the location, construction, landscaping or mai ntenar highway. Dated this day of 9 19" STATE OF )ss . County of 1 On 9 19-9 before me, the undersigned, a Notary Put for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evide the persons(s) whose name(s) is/are subscribed to the within instr acknowledged to me that he/she/they executed the same. Witness my hand and offi cia1 seal . Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the easement to the City of Carl sbad, a muni cipal corporation is hereby accep City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee co recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Cle e .. 0- ,I EXHIBIT "A" Assessors Parcel 212-041-03 All that portion of that certain parcel of land designated as "Description No. 3, 78.04 acres" as shown and delineated on Record of Survey Map No. 5715 filed in the office of the County Recorder of the County of San Di ego, on December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, according to Map thereof No. 823, filed in the office of the County Recorder of said San Diego County, November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being .more particularly described as fol 1 ows : Beginning at the most southwesterly corner of said Description No. 3, said point being on a 1,500.00 foot radius curve concave southerly, said point being on the center1 ine of the 100 foot wide right-of-way, known as Palomar Airport-Road, according to Road Survey No. 1534, on file in the office of th County Surveyor of said County, a radial line to said point bears N 7'20'37" E; thence easterly along said curve, and along said cent?rline, through a central angle of 4'19'30, an arc length of 113.23 feet to the end said curve, -said point being shown on said Road Survey No. 1534, as Engineer Station 78+25.34 EC; thence continuing along said centerline S 78'19'53" E (S 78'20'53" E per Road Survey No. 1534) 382.97 feet, to the most southeasterly corner of 1 and described in deed to the Epoh Investment Club, recorded November 15, 1961, as file No. 197951, O.R.; thence leaving said centerline, along the easterly line of said deed, N 3'33'23" E (N 2"36' E PI recorded deed) 50.50 feet to the TRUE POINT OF BEGINNING, said point being ( the northerly right-of-way of said Road Survey No. 1534; thence along said northerly right-of-way line N 78'19'53'' W (N 78'20'53" W per Road Survey No 1539) , 286.97 feet to the beginning of a tangent curve concave northeasterl: and having a radius of 25.00 feet, said point being the most southeasterly corner of the right-of-way known as College Boulevard, granted to the City ( Carl sbad in deed recorded July 3, 1985 , as F/P 85-239994, O.R. ; thence a1 on( said curve through a central angle of 90'00'00" an arc length of 39.27 feet thence tangent to said curve, N 11'40'07" E (N 11'39'04" E per said DLbJ/skg 268-01-1(~).229.48 Page 1 0 .. a right-of-way deed) , 10.17 feet; thence leaving said right-of-way S 78'19'20" 10.00 feet to the beginning of a non-tangent curve concave northeasterly and having a radius of 25.00 feet, a radial line to said point bears N 78'19'53" W; thence southeasterly along said curve through a central angle of 92"40'07 an arc length of 40.43 feet; thence tangent to said curve S 81"OO'OO" E, 120.54 feet to the beginning of a tangent curve concave southwesterly, having a radius of 40.00 feet; thence southeasterly along sai curve through a central angle of 31'47 '18" , an arc length of 22.19 feet to a point of reverse curvature with a curve concave northeasterly and having a radius of 40.00 feet; thence southeasterly along said reversing curve throug a central angle of 31'47'18", an arc 1 ength of 22.19 feet; thence tangent to said curve S 81'00'00" E, 100.00 feet to the beginning of a tangent curve concave southerly and having a radius of 2,363.00 feet; thence easterly alor said curve through a central angle of 0'16'28" an arc length 11.31 feet to t intersection with the easterly line of said deed to the Epoh Investment C1ut thence along said easterly line S 3"33'23" W, (S 2'36' W per said deed), 11. feet to the TRUE POINT OF BEGINNING. DLW/s kg 268-01-1(~) -229.48 Page 2 , >/@- *..- (I.:& ' I I I Lob17 I 1; /.jl[0~'C77"E .-%?a' I -. (l-4 1r'39'04"E P& F3EW) y 7 8 0 1 ?'SS'/Vy/c .Gu' ' w-w"v-mwlzp. "W1W w.5, - ~WFwZy w* 5.715 5UOW '-\ A= 41''~1@" /Z--&.# I t5~%5(4 I fi5 q$"@' p /&Dl L:rn-FI 931 "00 '00 " E 100.00' PGs- --" UNE 4 ~$"?7&qUF 57.50' (t\19%dE w -1 ,APN 212 -Ow0 CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUlTE 200 SAN DIEGO, CA 92123 (679) 576-9200 Job NO. --I- - /A ~ /n A D,,. o , \AI II qhnnt I ( .' 8 e e WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S Assessor Is Parcel NO. 212-041-03 EASEMENT DRAINAGE Project HUNT1 NGTON BEACH COMPANY, a Cal if orni a Corporation. Hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and unto CITY OF CARLSBAD, a municipal corporation of the State of California, designated Grantee, its successors and assigns, a perpetual easeme right-of-way upon, through, under, over and across the hereinafter descri b property for the installation, construction, maintenance, repair, repla reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE and all structures incidental thereto, and for the flowage of any waters in upon or through said channel, together with the perpetual right to buildings, structures, trees, bushes, undergrowth, and any other obst interfering with the use of said easement and right-of -way by the Grantl successors or assigns. To have and to hold said easement and right-of -w itself and unto its successors and assigns forever with the right to conv easement, or any portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easem right-of-way by this grant is situated in the City of Carlsbad, County Diego, State of California, and is particularly described as follows: See the attached legal description, designated Exhibit "A", and the a acquisition Plat, designated Exhibit "B", each made a part hereof by refere e e The Grantee shall have the right to fence a1 1 or any portion of said e( herein conveyed within which there is installed or constructed an unenclosel drainage channel. The Grantee, it successors and assigns, shall be respc for operating, maintaining, and keeping in good repair the above describec of improvement e The Grantor, his successors and assigns , reserves the right to enclose in a approved by the Grantee, its successors and assigns, any portion of an une flood drainage channel provided such enclosure is constructed or installc 1 i censed contractor in accordance with plans and specifications approved by the satisfaction of the Grantee, its successors and assigns. In granti approval, the Grantee, its successors and assigns, may impose rea conditions, including, but not limited to, the filing by the contractor or of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor, his successors and assigns, the ri! privilege to use the above described land of the Grantor at any time, manner and for any purpose not inconsistent with the full use and enjoyment Grantee, its successors and assigns, of the rights and privileges herein gr Executed this day of 9 19-0 STATE OF >ss. County of 1 On 9 19-9 before me, the undersigned, a Notary Pu and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evide be the persons(s) whose name(s) is/are subscribed to the within instrum acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the fc easement to the City of Carlsbad, a municipal corporation is hereby acce the City Council of said City of Carlsbad, California pursuant to Resolutic No. adopted on , and the Grantee consc recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City C1 e e EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel No. 212-041-03 All that portion of Lot "G" of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego COUI November 16, 1896, in the City of Carlsbad, County of $an Diego, State of California, being more particularly described as follows: Beginning at a point on the northerly right-of-way of Road Survey No. 1534 file in the office of the County Surveyor of said County, know as Palomar Airport Road, at Engineers Station 78+25.34 E.C.; thence along said norther right-of-way S 78'19'53" E (N 78'20'53" W per said R.S. 1534) 90.31 feet to the TRUE POINT OF BEGINNING; thence 1 eavi ng said northerly right-of-way, N 9'00'00" E 34.75 feet; thence S 81"OO'OO" E 20.00 feet, thence S 9'00'00" 35.66 feet to said northerly right-of-way; thence along said northerly right-of-way, N 78'19'53" W 20.02 feet to the TRUE POINT OF BEGINNING. DLW/se 268-01-1(W)350.2 pQF< m-r G F{j-Ig A\G!JA rlLDJc3. fi/ljp hlo 323 Ir' APN 212-041-03 " - -." I I i I 9 q sa- I(\ qt; 3 *2 : G " Eg5-f- S'LY R/wq ;z " $ gi ul bal AREA TO BE ACQUIRED SHOWN m 705.E%GF= &.a=. EXHIAIT'B' It)@UBWrn-V _. .. ~. - ClTf OF URL584D ASSOCIATES ACQUISITION PLA STORM DRAIN GWEMEhIT CONSUlTlNG ENGINEERS 4455 MURPUY CANYON W, Sum 200 s14N DIEGO, CA 92123 (619) 576-9200 Job NO. 2 m3n07 MI I* mrtzv 9 A CCMA~~C IL#P Date: &/eA/& Bv: A la/^ uI Shwt I 0 " Qrder Nv. ai Escrow No. Loan No. WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Street Carlsbad, CA. 92008 - - MAIL TAX STATEMENTS TO: CITY OF CARLSBAD 1200 Elm Street Carlsbad, CA. 92008 0 SPACE ABOVE THIS LINE FOR RECORDER'S Ut DOCUMENTARY TRANSFER TAX $ ........................ ...... Computed on the consideration or value of propert! ...... Computed on the consideration or value less liens o remaining at time of sale. Signature of Declarant or Agent determining tax - F CORPORATION GRANT DEED ASSESSORS PARCEL 212 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HUNTINGTON BEACH COMPANY a corporation orcanized under the laws of the State of California , hereinafter called GRANTOR , GRANTto the City of Carlsbad, a municipal corporation of the State of California, hereinafter called GRANTEE, the real property in the City of Carlsbad County of San Diego , State of California, se2 the attached legal description designated Exhibit "A" and attached Acquisit-01 Plat designated Exhibit "B", each made a part hereof by reference, The Grantor hereby further grants to the City of Carlsbad that privilege and righi drainage structures and excavation and embankment slopes beyond the limits of tht described right-of-way where required for the construction and maintenance of saic Highway. RESERVING unto grantor of the above described parcel of land, his succe: assigns, the right to eliminate such slopes and/or drainage structures or portion: when in the written opinion of the City Engineer of Grantee, the necessity therefc removed by substituting other protection, support and/or drainage facility, provic substitution is first approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing or that I grow), and road building materials within said right-of-way, including the right . together with the right to use the same in such manner and at such locations as SI may deem proper, needful or necessary, in the construction, reconstruction, impro' maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for damages to Grantor's remaining property contiguous to the right-of-way hereby conl reason of the location, construction, landscaping or maintenance of said highway. 13ated I 1s I STATE i9F CALitCkiiA COUNTY OF On , before me, the undersigned, a Notary Public in and for said State, Personally appear- ed and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary, BV BV on behalf of the corporation therein named, and acknowledged to me that such Cor- poration executed the within instrument pursuant to its bylaws Or a resolution of its board of directors. WITNESS my hand and official seal. - - . 0 e This is to certify that the interest in real property conveyed by the forego corporation grand deed to the City of Carlsbad, a municipal corporation is herc accepted by the City Council of said City of Carlsbad, California Pursuant Resol uti on No. adopted on , and the Gram consents to recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Clerk 0 0 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE i SPACE ABOVE FOR RECORDER'S EASEMENT FOR PUBLIC HSGHWAY Assessor Is Parcel NO. 212-041-08 Project W.O. No. HUNTINGTON BEACH COMPANY, a California Corporation. Hereinafter called GRANTOR do(es) hereby grant, convey and dedicate to CARLSBAD, State of California, hereinafter called GRANTEE, and easement highway and public utility purposes and incidents thereto, upon, over and certain real property within the CITY OF CARLSBAD, State of California, d f 01 1 ows : See the attached legal description designated Exhibit "A" and attached Plat designated Exhibit "B", each made a part hereof by reference. e 0 The Grantor hereby further grants to the City of Carlsbad that privilege a extend drainage structures and excavation and embankment slopes beyond th there herein described right-of-way where required for the constrl maintenance of said City Highway. RESERVING unto grantor of the abovt parcel of land, his successors or assigns, the right to eliminate such sl drainage structures or portions thereof, when in the written opinion a Engineer of Grantee, the necessity therefore is removed by substitu. protection,’ support and/or drainage facility, provided such substitutio approved in writing by said Engineer (s). The Grantor hereby further grants to Grantee a1 1 trees, growths (growing I hereafter grow), and road building materials within said right-of-way, in1 right to take water, together with the right to use the same in such mar such locations as said Grantee may deem proper, needful or necessal construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any Cli and a1 1 damages to Grantor’s remaining property contiguous to the right-of. conveyed by reason of the location, construction, landscaping or maintenar highway . Dated this day of 9 19” STATE OF >ss County of 1 On 9 19-9 before me, the undersigned, a Notary Pub for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evide the persons(s) whose name(s) is/are subscribed to the within instr acknowledged to me that he/she/they executed the same. Witness my hand and offici a1 seal Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the easement to the City of Carl sbad, a municipal corporati on is hereby accep: City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee co, recordation thereof by its duly authorized officer. Dated Bv -.I ALETHA L. RAUTENKRANZ, City Cle e 0 EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel 212-041-08 All that portion of Parcel 3, of Parcel Map No. 6331, filed in the office c 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 fol 1 ows : Beginning at the most southwesterly corner of said Parcel 3, said point bei on the centerl ine of Pal omar Airport Road according to Road Survey No. 1534 on file in the office of the County Surveyor of said County; thence leaving said centerl ine a1 ong 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 Surv No. 1534; thence continuing along said westerly line, N 18"41.'02" W (N 18°42'20" W per Parcel Map No. 6331) 24.99 feet to a point of intersecti with a non-tangent curve concave southerly and having a radius of 2,313.00 feet, a radial line to said point bears N 11O33'35" W; thence easterly alon said curve through a central angle of 6O16'04" an arc length of 253.03 feet a point of cusp with a curve concave southerly and having a radius of 1,550 feet, a radial line to said point on said 2,313.00 foot curve bears N 5'17'31" 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 t TRUE POINT OF BEGINNING. DLW/l cd 268-01-l(~).3C I ,a a .;I 2@ ,\\ 5 TB'OEL POINT OF BECIINN\NG PAQCEL 3, PM. N 1.41' 02"W 24.94' N 10'41'02" W (R) 50.00' (N 18'42' 2O"W PEQ ?AFK%L 3 FY\FKE I h/l/\P /LPN. Z12-0N-1 SOUTHWESTEULV COQMEK PAKCEL 3 P.M. 6331 "v =mwPEo %i4QuE.c - .:m.44 PI== 0.07 pc- memmmmmw CITY OF CARLSBAP ASSOCIATES ACQUISITION PLA CONSUUING ENGINEERS wklm It *r 4455 MURPHY CANYON Ra4D, Sum 200 07987 POUMNEY 8 ASSOCWES, INC Date: q/&7/m By: D. W~L Sbet I 0 SAN DIEGO, CA 92l23 (619) 576-9xx) Job No. * a - 6 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD , CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S EASEMENT DRAINAGE Assessor's Parcel NO. 212-041-08 Project HUNTINGTON BEACH COMPANY, a California Corporation. Hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and unto CITY OF CARLSBAD, a municipal corporation of the State of California, designated Grantee, its successors and assigns, a perpetual easemc right-of-way upon, through, under, over and across the hereinafter descril: property for the installation, construction, maintenance, repair, replh reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE and all structures incidental thereto, and for the flowage of any waters in upon or through said channel , together with the perpetual right to buildings, structures, trees, bushes, undergrowth, and any other obst interfering with the use of said easement and right-of-way by the Grant1 successors or assigns. To have and to hold said easement and right-of-w itself and unto its successors and assigns forever with the right to conv easement, or any portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easem right-of-way by this grant is situated in the City of Carlsbad, County Diego, State of California, and is particularly described as follows: See the attached legal description, designated Exhibit "A" and the a Acquisition Plats, designated Exhibit "B", consisting of 2 sheets, each part hereof by reference. 0 e ,. The Grantee shall have the right to fence a1 1 or any portion of said el herein conveyed within which there is installed or constructed an unenclose' drainage channel . The Grantee, it successors and assigns, shall be respl for operating, maintaining, and keeping in good repair the above describe1 of improvement. The Grantor, his successors and assigns, reserves the right to enclose in a approved by the Grantee, its successors and assigns, any portion of an une flood drainage channel provided such enclosure is constructed or installt 1 icensed contractor in accordance with plans and specifications approved by the satisfaction of the Grantee, its successors and assigns. In grant' approval, the Grantee, its successors and assigns, may impose rea conditions, including, but not limited to, the filing by the contractor or of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor, his successors and assigns, the ri! privilege to use the above described land of the Grantor at any time, manner and for any purpose not inconsistent with the full use and enjoyment Grantee, its successors and assigns, of the rights and privileges herein gr Executed this day of 9 19-0 STATE OF )ss. County of 1 On , 19 , before me, the undersigned, a Notary Pu and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidf be the persons(s) whose name(s) is/are subscribed to the within instrum acknowledged to me that he/she/they executed the same. Witness my hand and official seal . Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the fo easement to the City of Carlsbad, a municipal corporation is hereby accel the City Council of said City of Carlsbad, California pursuant to Resolutio No. adopted on , and the Grantee cons€ recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City C1 0 0 .I EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel 212-041-08 All that portion of Parcel 3, of Parcel Map No. 6331, filed in the office o 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 fol 1 ows : Beginning at a point on the easterly line of said Parcel 3, said point bein on the northerly right-of-way of Pal omar Ai rport Road according to Road Sur No. 1534, filed in the office of the County Surveyor of said County, said point also being on a curve concave southerly and having a radius of 1,550. feet a radial line to said point bears N 06"01'39" E; thence westerly along said curve through a central angle of 4'55'54" an arc length of 133.42 feet the TRUE POINT OF BEGINNING "A"; thence leaving said northerly right-of-way and said curve, N 1O30'15" E 20.01 feet; thence N 88'29'45" W 20.00 feet; thence S 1'30'15" W 20.28 feet to said northerly right-of-way and said cur\ radial line to said point bears N O"21'23" E; thence easterly along said right-of-way and said curve through a central angle of OO44'22" an arc lens of 20.00 feet to the TRUE POINT OF BEGINNING "A". Together with the following described portion of said Parcel 3; Beginning at a point on the northerly right-of-way of Pal omar Airport Road according to Road Survey No. 1534, filed in the office of the County Survej of said County, said point being at the beginning of a curve concave southt and having a radius of 1,550.00 feet, said point being at Engineer's Static 70+16.71 B.C. per said Road Survey 1534; thence along said curve, through i central angle of 0'44'32" an arc length of 20.08 to the TRUE POINT OF BEGINNING "B"; thence leaving said curve N 11'05'00" W 48.07 feet; thence N 78'55'00" E 20.00 feet; thence S 11°05'00'' E 45.61 feet to said northerl? right-of-way; thence along said right-of-way and said curve, through a ceni angle of 0'44'42'' an arc length of 20.15 feet to the TRUE POINT OF BEG1 NNI NG "B" . nr 1.1 lea 7c;~l,n1,1 f~\247 7n ?r\F< rl CL L 3 /yhl 212- 041 - os ptI,$j00.0o' WmnflL'f WNER Fw3= Nl2 3, PA= MAP 6331 - " - " - PR3 TO BE muvw WahJ 4&.JE7Ft~3 0.m AL. EX I-! 1 HT ''13'' @@@rnWrnrnW Clrf OF CARLSEW- ASSOCIATES ACQUISITION PLA' CONSULTING ENGINEERS 5WW t7-d WSEMEfdT 4455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92723 (619) 576-9200 n-C1. a /'An/47 D...o~.IAI \I elrAAa I n# h "" ,.- . I. .-. .-. , - . " - ^. ."a .. .- Job No. E- ' '.~ PA 2 c 5 L 3 PAFKEL M/\P N 0, 033 P ",, =I 1 r APN z1z-04.1-0~ h4 78"W'F bRgA TO BE q%,%FtZs o.o&pc. PCaUlPW StiOWN \\\\ P 1 W(HI @IT "0" 1 ~. . I m@umm!5mw ASSOCIA~ES ACQUISITION PLA' GITY OF CaRL543~17 I CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, Sum 200 %'C@M DRAlid EASEMEUT SAN DIEGO, CA 92723 (679) 576-9200 Job No. 2( m70R7 Pol INTNFY II ACCWIATFC lNr Date: Sh /A7 Bv: i? LlAM Sheet f'of . " * Order No. @ Escrow No. Loan No. WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA. 92008 I MAIL TAX STATEMENTS TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA. 92008 0; SPACE ABOVE THIS LINE FOR RECORDER'S C DOCUMENTARY TRANSFER TAX $ ...................... ...... Computed on the consideration or value of proper1 ..,... Computed on the consideration or value less liens, remaining at time of sale. Signature of Declarant or Agent determining tax - CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ASSESSORS PARCE HUNTINGTON BEACH COMPANY a corporation oroanized under the laws of the State of California , hereinafter called GRANTOR , GRANTto the City of Carlsbad, a municipal corporation of the State of Californi: HEREINAFTER CALLED GRANTEE, the real property in the City of Carlsbad County of San Diego , State of California See the attached legal description designated Exhibit "A" and attached Acquisiti Plat designated Exhibit "B", each made a part hereof by reference. The Grantor hereby further grants to the City of Carlsbad that privilege and rig1 drainage structures and excavation and embankment slopes beyond the limits of thc described right-of-way where required for the construction and maintenance of sa: RESERVING upto grantor of the above described parcel of land, his successors or : right to eliminate such slopes and/or drainage structures or portions thereof, wl written opinion of the City Engineer of Grantee, the necessity therefore is remo. substituting other protection, support and/or drainage facility, provided such SI is first approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing or that grow), and road building materials within said right-of-way, including the right water, together with the right to use the same in such manner and at such locatit Grantee may deem proper, needful or necessary, in the construction, reconstructi' improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim fo damages to Grantor's remaining property contiguous to the right-of-way hereby COI reason of the location, reconstruction, landscaping or maintenance of said highw; Dated I I= 1 STATE OF CALIFORNIA COUNN OF On , before me, the undersigned,a Notary Public in and forsaid State, personally appear- ed and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary, BY BY on behalf of ~ the corporation therein named, and acknowledged to me that such cor- poration executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. I ' .c c. 0 This is to certify that the interest in real property conveyed by the forego- corporation grand deed to the City of Carlsbad, a municipal corporation is herr accepted by the City Council of said City of Carlsbad, California pursuant Resol uti on No. adopted on , and the Grani consents to recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City C1 erk &. 6 0 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE 1 SPACE ABOVE FOR RECORDER'S I EASEMENT FOR PUBLIC HIGHWAY Assessor Is Parcel NO. 212-041-06 Project W.O. No. HUNTINGTON BEACH COMPANY, a California Corporation. Hereinafter called GRANTOR do(es) hereby grant, convey and dedicate to t CARLSBAD, State of California, hereinafter called GRANTEE, and easement highway and public utility purposes and incidents thereto, upon, over and i certain real property within the CITY OF CARLSBAD, State of California, dt foll ows : See the attached legal description designated Exhibit "A" and attached i Plat designated Exhibit "B", each made a part hereof by reference. .- c e The Grantor hereby further grants to the City of Carlsbad that privilege a there herein described right-of-way where required for the constr maintenance of said City Highway. RESERVING unto grantor of the abovc parcel of land, his successors or assigns , the right to el iminate such sl drainage structures or portions thereof, when in the written opinion o Engineer of Grantee, .the necessity therefore is removed by substitu protection,' support and/or drainage facility, provided such substitutio approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing I hereafter grow), and road building materials within said right-of-way, in right to take water, together with the right to use the same in such mal such locations as said Grantee may deem proper, needful or necessa construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any cl and all damages to Grantor's remaining property contiguous to the right-of conveyed by reason of the 1 ocation, construction, 1 andscapi ng or mai ntenal hi ghway . extend drainage structures and excavation and embankment S'lOpes beyand t'r( Dated this day of Y 19" ~~- ~ ~~ ~~ STATE OF >ss. County of 1 On , 19 , before me, the undersigned, a Notary Put for said County and State, persoGl1y appeared personally known to me (or proved to me on the basis of satisfactory evidc the persons(s) whose name(s) is/are subscribed to the within instr acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the easement to the City of Carl sbad, a municipal corporation is hereby accep City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee co recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Cle a e EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel 212-041-06 All that portion of Parcel 1, of Parcel Map No. 6331, filed in the office 0' the County Recorder of San Diego County, September 8, 1977, in the City of Carl sbad, County of San Diego, State of California, being more particu\arly descri bed as f ol 1 ows : Beginning at the most southwesterly corner of said Parcel 1; thence along tt westerly line of said Parcel 1 N 3'17'16" W (N 3'18'34" W per Parcel Map No 6331) 52.00 feet to a point on the northerly right-of-way of Palomar Airpori Road, according to Road Survey No. 1534, on file in the office of the Count; Surveyor of said County, said point being the TRUE POINT OF BEGINNING; thenc continuing along the westerly line of said Parcel 1 N 3'17'16" W (N 3'18'34" W per Parcel Map No. 6331) 41.61 feet; thence leaving said westerly line N 69'43'15" E 278.25 feet to the beginning of a tangent curve concave southeasterly and having a radius of 2,313.00 feet; thence easterly along said curve through a central angle 8'43'10" an arc length of 352.00 fc to a point of intersection with the easterly line of said Parcel 1, a radial line to said point bears N 11'33'35'' W; thence leaving said curve along the easterly line of said Parcel 1 S 18'41 '02" E (S 18'42'20" E per Parcel Map ! 6331) 24.99 feet to a point of intersection with the northerly right-of-way said Road Survey No. 1534, said point being on a curve concave southeaster13 and having a radius of 1,550.00 feet, a radial line to said point bears N 18'41'50" W; thence westerly along said curve through a central angle of 0'31'17" an arc length of 14.10 feet; thence tangent to said curve, along tt northerly right-of-way of said Road Survey No. 1534, S 70'46'53" W (S 70"45'53" W per Parcel Map No. 6331) 626.36 feet to the TRUE POINT OF BEGINNING. Excepting therefrom that portion of the above described portion of Parcel 1 described in irrevocable offer to dedicate real property to the County of Sa Diego for roadway purposes described in document recorded September 7, 1977, as File/Page No. 77-367341, O.R. DLW/l cd 268-01-1 (w) .30[ ... . MEA TO DE bCQ w-la" \\\ \\ 2544-L.. 38 c+z = 0. k N'LY LlhlE. BvzEL 1 m. -1 /d FI7' 1b"N N 3"17'Id'~ 41.61' (N Tlt3'+"d EK IW 6530 bl 9" 17' IG'' hi 52.a ( hl 3- I&' 34" In] %F F "E POlW OF E&elWlW m@cimv&r,'v ASSOCIATES ACQUISITION PLA' CONSULTING ENGINEERS 4455 MURPHY CANYON RWD, SUm 200 SAN DIEGO, CA 92723 (679) 576-9200 Job No. Z( ~U1017 ' 0' - "" - - . .. .- ". . - . " - " "" .. . - n-a" -In-)--.. n--- - .-.a .I. ~L--A a AR L C. . Order No. t Escrow No. Loan No. WHEN RECORDED MAIL TO: 0 SPACE ABOVE THIS LINE FOR RECORDER'S 1 MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ ...................... ...... Computed on the consideration or value of proper ...... Computed on the consideration or value less liens remaining at time of sale. Signature of Declarant or Agent determining tax - CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HUNTINGTON BEACH COMPANY ASSESSORS PARCEL a corporation organized under the laws of the State of California, hereinafter called GRANTOR GRANTto the City of Carlsbad, a municipal corporation of the State of California hereinafter called GRANTEE, the real property in the City of Carlsbad County of San Diego , State of California See the attached legal description designated Exhibit "A", consisting of 2 sheet attached Acquisition Plat designated Exhibit "B", each made a part hereof by ref The Grantor hereby further grants to the City of Carlsbad that privilege and rig drainge structures and excavation and embankment slopes beyond the limits of the described right-of-way where required for the construction and maintenance of sa Highway. RESERVING unto grantor of the above described parcel of land, his succ assigns, the right to eliminate such slopes and/or drainage structures or portic whe.n j,a the written opinion of the City Engineer of Grantee, the necessity there removed by substituting other protection, support and/or drainage facility, prot substitution is first approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing or that grow), and road building materials within said right-of-way, including the right water, together with the right to use the same in such manner and at such locati Grantee may deem proper, needful or necessary, in the construction, reconstructi improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim fc all damages to Grantor's remaining property contiguous to the right-of-way heret by reason of the location, construction, landscaping or maintenance of said higl. Dated STATE OF CALIFORNIA COUNTY OF On , before me, the undersigned,a Notary Public in and for said State, personallyappear- I )= I BY ed and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary, BY on behalf of the corporation therein named, and acknowledged to me that such cor- poration executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. ^. . ,"L. , __. . . L -. a 0 This is to certify that the interest in real property conveyed by the foregoi corporati on grand deed to the City of Carl sbad, a municipal corporation is here accepted by the City Council of said City of Carlsbad, California pursuant Resol uti on No. adopted on , and the Grant consents to recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City C1 erk e 0 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S I EASEMENT FOR PUBLIC HIGHWAY Assessor's Parcel NO. 212-041-04 Project W.O. No. HUNTINGTON BEACH COMPANY, a California Corporation. Hereinafter called GRANTOR do(es) hereby grant, convey and dedicate to t CARLSBAD, State of California, hereinafter called GRANTEE, and easement highway and public utility purposes and incidents thereto, upon, over and i certain real property within the CITY OF CARLSBAD, State of California, de follows: See the attached legal description designated Exhibit "A", consisting of 2 5 attached Acquisition P1 at designated Exhi bit "B", each made a part reference. e a The Grantor hereby further grants to the City of Carlsbad that privilege a extend drainage structures and excavation and embankment slopes beyond th there herein described right-of-way where required for the constr maintenance of said City Highway. RESERVING unto grantor of the abovc parcel of land, his successors or assigns, the right to eliminate such sl drainage structures or portions thereof , when in the written opinion a Engineer of Grantee, the necessity therefore is removed by substitu protection, support and/or drainage facility, provided such substitutic approved in writing by said Engineer (s). The Grantor hereby further grants to Grantee a1 1 trees, growths (growing hereafter grow), and road building materials within said right-of-way, in right to take water, together with the right to use the same in such mar such locations as said Grantee may deem proper, needful or necessa, construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any cl and all damages to Grantor's remaining property contiguous to the right-of conveyed by reason of the 1 ocati on, construction, 1 andscapi ng or mai ntena hi ghway . Dated this day of 3- 19 . STATE OF )ss. County of 1 On , 19 , before me, the undersigned, a Notary Pu for said County and State, persozlly appeared personally known to me (or proved to me on the basis of satisfactory evid the persons(s) whose name(s) is/are subscribed to the within inst acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the easement to the City of Carlsbad, a municipal corporation is hereby accep City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee c( recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City C1 0 0 EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel 212-041-04 All that portion of that certain parcel of land designated as "Description 3, 78.04 acres" as shown and delineated on Record of Survey Map No. 5715, filed in the office of the County Recorder of the County of San Diego, on December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, according to Map thereof No. 823, filed in the office of the County Recorde of said San Diego County, November 16, 1986, in the City of Carlsbad, Count. of San Diego, State of California, being more particularly described as fol lows: Beginning at the most southwesterly corner of said Description No. 3, said point being on a 1,500.00 foot radius curve concave southerly, said point being on the centerline of the 100 foot wide right-of-way, known as Palomar Airport Road, according to Road Survey No. 1534 on file in the office of th County Surveyor of said County, a radial line to said point bears N 7'20'37 W; thence easterly along said curve, and a1 ong said center1 ine, through a central angle of 4"19'30", an arc length of 113.23 feet to the end of said curve, said point being shown on said Road Survey No. 1534, as Engineer's Station 78t25.34 EC; thence continuing along said centerline S 78'19'53'' E (S 78'20'53'' E per Road Survey No. 1534) 382.97 feet, to the most southeasterly corner of land described in deed to the Epoh Investment Club, recorded November 15, 1961, as File No. 197951, O.R.; thence leaving said centerline, along the easterly line of said deed, N 3'33'23" E (N 2'36' E p recorded Deed) 50.50 feet to the TRUE POINT OF BEGINNING, said point being the northerly right-of-way of said Road Survey No. 1534; thence along said northeasterly right-of-way of Road Survey No. 1534 S 78'19'53" E DLW/skg 268-01-1~ 229 50 Pan@ 1 0 e (S 78'20'53'' E per Road Survey No. 1534) 1,654.17 feet to the intersection a non-tangent curve concave southwesterly and having a radius of 2063.00 fe a radial line to said point bears N 18'06'15'' E; thence westerly along said curve through a central angle of 6'26'08'' an arc length of 231.72 feet; the tangent to said curve N 78'19'53'' W, 1,325.70 feet to the beginning of a tangent curve concave southerly and having a radius of 2,363.00 feet; thenc westerly along said curve through a central angle of 2'23'39" an arc length 98.74 feet to the intersection with the easterly line of property described said Epoh Deed; thence leaving said curve along said easterly line, S 3O33'23" W (S 2'36' W per said Deed) 11.05 feet to the TRUE POINT OF BEGINNING. DLWIskg 268-01-1(~).229.50 Page 2 : E.ioEJi'ew'LY amf4 mIPTIOC;( W.3, REGOR0 OF; WRmV W.57lti . EllCWGER '3. STATW __c 70 + 25.34 €.C. -/ RQLIO 4Uww ts34 r-l APN 212-O41-C ~ AR€A 'ID I35 AC4UIRED SWWH //// fl9+w.rOcFZ~ Ot47Ab. - krlbUHWrnHW cf-w4-'WLzJlm7 ASSOCIATES ACQUISITION PLA' I CONSULTING ENGINEERS 4455 MURPHY CANYON ROW, Sum 200 EW1Pt-f ID'' Date: Gi/m/o/1 Bv: 7) fAW II Shrrt 1 Of 010~7 mt INTNFY R ACWATFC JW Job No. 44 SAN DIEGO, CA 92?23 (679) 576-9200 0 a WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S Assessor's Parcel NO. 212-041-04 EASEMENT DRA I NAGE Project HUNTINGTON BEACH COMPANY, a California Corporation. Hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and unto CITY OF CARLSBAD, a municipal corporation of the State of California, designated Grantee, its successors and assigns , a perpetual easeme right-of -way upon, through, under, over and across the hereinafter describ property for the installation, construction, maintenance, repair, repla reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE and all structures incidental thereto, and for the flowage of any waters in upon or through said channel, together with the perpetual right to buildings, structures, trees, bushes, undergrowth, and any other obst interfering with the use of said easement and right-of-way by the Grantc successors or assigns. To have and to hold said easement and right-of -w itself and unto its successors and assigns forever with the right to conv easement, or any portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easem right-of-way by this grant is situated in the City of Carlsbad, County Diego, State of California, and is particularly described as follows: See the attached legal description Exhibit "A" and the attached Acquisition designated Exhibit "B", consisting of 2 sheets, each made a part he1 reference. 0 0 EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel No. 212-041-04 All that portion of Lot "GI' of the Rancho Agua Hedionda according to map thereof No. 823 fi 1 ed in the office of the County Recorder of San Diego Cou November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a point on the northerly right-of-way of Road Survey No. 1534 file in the office of the County Surveyor of said County, known as Palomar Airport Road, at Engineer's Station 78+25.34 E.C.; thence along said northe right-of-way S 78'19'53'' E (N 78'20'53" W per said R.S. 1534) 1,255.77 feet the TRUE POINT OF BEGINNING "A"; thence leaving said northerly right-of-way N 11'40'07" E 47.00 feet; thence S 78'19'53" E 20.00 feet; thence S 11'40'07" W 47.00 feet to said northerly right-of-way; thence along said northerly right-of-way, N 78'19'53" W 20.00 feet to the TRUE POINT OF BEGINNING "A". Together with the following described portion of said Lot "G" described as follows: Beginning at a point on the northerly right-of-way of Road Survey No. 1534 file in the office of the County Surveyer of said County, known as Palomar Airport Road, at Engineer's Station 99+10.74 B.C.; thence along said northe right-of-way N '78'19'53" W (N 78"20'53" W per said R.S. 1534) 45.63 feet tc the TRUE POINT OF BEGINNING "B"; thence leaving said northerly right-of-wa) N 36'58'36" E 7.23 feet; thence N 53'01'24'' W 20.00 feet, thence S 36"58'3( 16.69 feet to said northerly right-of-way; thence along said northerly right-of-way, S 78'19'53" E 22.12 feet to the TRUE POINT OF BEGINNING 'IB". DLWIse 268-01-1 (W)347.72 0 e The Grantee shall have the right to fence a1 1 or any portion of said ea herein conveyed within which there is installed or constructed an unenclosec drainage channel . The Grantee, it successors and assigns, shall be respc for operating, maintaining, and keeping in good repair the above described of improvement The Grantor, his successors and assigns, reserves the right to enclose in a approved by the Grantee, its successors and assigns, any portion of an uner flood drainage channel provided such enclosure is constructed or instal le 1 icensed contractor in accordance with pl ans and specifications approved by the satisfaction of the Grantee, its successors and assigns. In granti approval, the Grantee, its successors and assigns, may impose rea: conditions, including, but not limited to, the filing by the contractor or C of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor, his successors and assigns, the rig privilege to use the above described land of the Grantor at any time, manner and for any purpose not inconsistent with the full use and enjoyment Grantee, its successors and assigns, of the rights and privileges herein gri Executed this day of 9 19” STATE OF )ss. County of 1 On , 19,, before me, the undersigned, a Notary Pul and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evide be the persons(s) whose name(s) is/are subscribed to the within instrumc acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the fo easement to the City of Carl sbad, a municipal corporati on is hereby accel the City Council of said City of Carlsbad, California pursuant to Resolutio No. adopted on , and the Grantee conse recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City C1 r- 40' 0 rlr\ I-) I -\-+ - 0 - rui( L!J J (3 F+l D AG!J.L\ rkD J Uhl !X\ MA F N 9 323 Ir' $Iu APN 2/2-041-04 gt a. - Srro40'07'' W 4'7.00' " "- AL B0Ht53" &/ 204x2' - II I I "PMBkMR*"L 3.5 I534 I i ipT. -" 5'l-y R/W~ - "- 2 I AREA TO BE ALQUIREP SHOWN eZa ~40F*rZ 'c o*oz E. I .~ ASSOCIATES "- - CONSULTING E NGWEE RS 4455 MURPHY CANYON RQ4D, SUITE 200 07987 POUMNE Y 8 AssocIATEs. INC SAN DIEGO, CA 92123 (619) 576-9200 .I CIecImwmmw q I EXH I BIT '6' ACQUiSITION PLA' c1"v OF CJAKL~BAD 5TORM Wlhl EA5EMEd.1T Job No.& Date: 9/=/87 By: a ~4% Sheet 1 01 4 b APN; 212- 041-04 L-1 I I" ' ,:-,; - 1. ,*.,: -, . . :/< -* . ,e.: I... 4. ! ;.;- / v,; - ,,, I<-.-. ' , ,.a: ,c :,. / , Ye. .- . a* I -1 . I_ (.*:.I.' . -* , I .". ,I:-; ' ;<- :.,* -, . ..' .* - -, V.f-**.; t. :* i;.: - ; " 1- .. ;, - ' : .,/. ,.::-I . - s; .. -4 't. .I.: .,- \. '.". t". . . I *.-* i. I. /'.I * "' .... . .. 1. j * -., \..* ,. . .* )'.:"'. APN 2'12-041-04 .. : ,-. * ,-. e. , .-; ,",' ... .". -3 AREA TO BE ACQUIREP SHOWN eza ,. ',,?:; ;z3qt 2zS.Gfz = 0.005 AL. EXHIBIT '5' CITY OF CARLSBAD memmm!mw ASSOCIA~ES ACQUISITION PLAl I CONSUUNG ENGIN€ERS 57DRW mA1U EASEMENT 4455 MURPHY CANYON RW, SUE 200 SAN DIEGO, CA 92123 (679) 576-9200 nnta. -/-,/A- pU. n II 1~ I In @La..& CY fi# m70Q7 DAI IAlT&ICV P ACChPl Amp I& lP Job No.&