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Home My WebLink About; Aviara Resort Associates Limited Partnership; 1992-0243141; Easementa. v* -4 . 1 2 3 4 C)g=q? f 7j rF L%d& 992 Q3:Z e 234'1 1 1 1 ) 1 ) PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [61033) ) RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District ) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 fMLf14 Rn, x2ZzhJa Aletha L. Rautenkranz, Sec Board of Directors EASE3ENT AVIARA RESORT ASSOCIA'ES LIMITED PAmEHIP, a California Limited Partnership does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Agency organized in the State of California, its success( assigns, an easement. Purpose: for the following purposes: reconstruction and all activities necessary to con reconstruct, operate, maintain and repair facilities desig the general purpose of collecting, storing, transporting, and treating all water, including surface water, stream flood water and ground water flowing into said facilities, natural and artificial drainage ditches and structures of ai The easement granted herein shall be the construction, operation, 3/14/ 1 *. L. . 1 2 3 4 5 6 7 8 9 10 l1 12 13 14 15 16 17 18 l9 2o 21 22 23 24 25 26 27 28 * 0 2148 whether above or below the surface of the ground. Said facility may include pipelines, pumping facilil structures designed to control the flow of water and all facil: and structures associated with said use which are design€ facilitate the use and protect the forms of damage including, but ited to, erosion co facilities, fences, gates, doors, locking devices, alarms, li and all other protective facilities and devices. The use also include a means of access to and from said facility fo purpose o constructing, operating, repairing, maintai inspecting and reconstructing said facility. 1itY from natural and The uses described herein shall be exclusive tl Grantee. Grantor herein agrees that no buildings and/or struc will be erected, walls constructed, fences built nor trees pl~ nor may the easement be used by the Grantor or any other per: entity, including other utilities, whether public or privatt uses whether compatible or incompatible with the uses des herein without the express written approval of the Grantee. /// /// /// /// /// /// /// /// /// /// 2 3/14/! ... .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 0 0 2143 LOCATION OF THE EASEMENT: The easement granted herein shall be located withi upon the properties more particularly described in Exhibit #I2 Exhibit llBll attached hereto and by this reference made a hereof. ed by the GRANTOR 1 By: (sign here) (title of signatc By: (sign here) (title of signatc APPROVED AS TO FORM: RONALD R. BALL 20 21 22 23 24 25 26 27 28 + /e.$ t. (Notarial acknowledgment of execution by GRANTOR must be att CMWD 89 509 - 3/14, 3 2150 e 0 ." .. AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP, a California Limited Partnership By: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, its General Partner By: Aviara Land Company, a Delaware corporation, General Partner &&fl fly// 4fl'A.J-- By: John K. Alstrom Assistant Secretary 7 By: j 4 i. /&Y .-v- Ted L. Hoover Vice President/Assistant Secretary By: Republic Development Company, a California corporation, General Partner B'. &&/.<'H&7L!-* L- - dfld,, John K. Alstrom Vice President By: 3 Li, )h-. , l/- Ted L. Hoover Vice President/Assistant Secretary By: TAT AVLARA, LTD., a California 2154. e 0 .. CORPORATION AS PARTNEX OF A PARTNERSHIP, WHICH IS A PARTNER OF A PARTNERSHIP, WHICH IS A PARTNER OF A PARTNERSHIP STATE OF CALIFORNIA 1 ) ss. County of ?'%A+J be ) On w&+3\ , 19927 before me, the undersign Notary Public in and for said State, personally appea personally known to me (or proved to me on the basi satisfactory evidence) to be the person(s) who executed within instrument as vL& President and ,hc*T the corporation therein named, and acknowledged to me that corporation executed the within instrument pursuant to by-laws or a resolution of its board of directors, said c oration to me to be one of the general partner hLFtRR-(MO )G%lwm5 Lrrc\-npn &i ~-4, said partner being known to me to be one of the partners of pt\ilF\Rpr w /- I (w.mrS (httYt+m+lf the partnership executed the within instrument and acknowledged to that corporation executed the same as such partner and that partner executed the same. -Q?m t. bo \1 L* and * LL. pct Sa2& Secretary, on behalf of /+-dim@ WD Cb-tpANq being known WITNESS my hand and official seal. 0 0 2352 .. * CORPORATION AS PARTNER OF A PARTNERSHIP, WHICH IS A PARTNER OF A PARTNERSHIP, WHICH IS A PARTNER OF A PARTNERSHIP STATE OF CALIFORNIA) COUNTYOFORANGE ) ) ss. On MP$&- 3t 1992, before me, the undersigned, a Notary in and for said State, personall; appeared & C. M personally known to me (or proved to me on the of satisfactoTy evidence) to be the person(s) who executed th within instrum( REPUBLIC DEVELOPMENT COMFANY, the corporatgn therein named, acknowIedged to me that said corporation executed the within instrument pursuant to Iaws or a resolution of its board of directors, said corporation being known to me to 1 of the general partners of AVIARA LAND ASSOCIATES LIMITED PARTNERSKTj partnership being known to me to be one of the partners of AVIARA RE! ASSOCIATES LIMITED PARTNERSHIP the partnership that executed the 7 instrument and acknowledged to me that such corporation executed the same a: partner and that such partner executed the same. t-*de vK.F BL*oM\rr and \r\wpn*.&~bw~rA kc; 4?mL =Tw WITNESS my hand and official seal. \ \ --- ..l_c4_h_ - Not*Public \ * 2333 0 0 CORPORATION AS PARTNER OF A PARTNERSHIP, STATE OF HAWAII 1 ) ss. crw AND COUNTY OF HONOLULU ) On A c& I L h!? , 19 YL, before rne%#e ..db*LS uq~o$~&ygd, a Notary personally known to me (or proved to me on th of satisfactory evideye) to be the person(s) who executed the within instrum on of TAT AVIARA, LTD., the corporation that executed the within instrument on be AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP the partnershi executed the within instrument and acknowledged to me that such corporation execu same as such partner and that such partnership executed the same. in and for ?aid State, personally appeared & FtEXl f-4,4y$q:-q -cc d f- , _- -_ >*+>+-.G** .*<a and c-- WITNESS my hand and official seal. fl YP%' L /&V /&&p.JA . 9 Lm5siGyI n I Notap' Public ~+y" res $/ 223 / 17 9 y 2354 e 0 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant dee easement, dated $j&”/y3, from AVIARA RESORT ASSOCIATES LIMITED PARTNEE a California Limited Partnership to the Carlsbad Municipal Water District, Carlsbad, California, a Municipal Water Dis Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on bc of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authi conferred by Resolution No. 773 of the Carlsbad Municipal Water District ado on , 1992, and the grantee consents to recordation the by it’s duly authorized officer. 1 af / -- DATED: &d /b /??a U L2ALxYL 2 L%u,u-e ALETHA L. RAUTENKRANZ, Sep2 CMWD 89-509 1 * 2 155 0 0 Sheet 1 of 5 Sheets EXHIBIT ,Af 10/21/1990 (DA) REV 1/2/1992 (RCA) 300,16;SV 10275 A.P.N. 215-612-01 LEGAL DESCRIPTION WATER EASEMENT BEING THAT PORTION OF LOT 87 OF CITY OF CARLSBAD TRACT 85-35 AVIARA PHASE I - UNIT "B", ACCORDING TO MAP THEREOF NO 12410, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SA DIEGO COUNTY, JUNE 29, 1989 AS FILE NO. 89-345851, IN TH CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA BEING A 15.00 FOOT WIDE STRIP OF LAND MORE PARTICULARL DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT IN THE WESTERLY LINE OF LOT 8 OF SAID MAP NO. 12410, DEFINED AS THE NORTHWESTERLY TERMINU OF THE COURSE BEARING NORTH 56"54'22" WEST, 212.50 FEE? THENCE LEAVING SAID WESTERLY LINE , SOUTH 3 4 O 01 ' 14 I' EAST 115.73 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEIh ON THE WESTERLY LINE OF THAT CERTAIN PROPOSED SHUTTLE ROP (PRIVATE) ; THENCE ALONG SAID WESTERLY LINE SOUTH 63 " 13 ' 2 F EAST, 15.15 FEET; THENCE LEAVING SAID WESTERLY LINE SOU? 18°43f3411 WEST, 28.51 FEET; THENCE SOUTH 38°56f0011 EAS: 48.10 FEET; THENCE SOUTH 04°13f45t' WEST, 42.39 FEET; THEN( SOUTH 47°23'3011 WEST, 81.39 FEET; THENCE NORTH 85O46'11 WEST, 33.65 FEET; THENCE SOUTH 04"13'45'' WEST, 8.00 FEE': THENCE NORTH 85°46f15f1 WEST, 7.00 FEET; THENCE NOR1 04°13f4511 EAST, 8.00 FEET; THENCE NORTH 85°46f1511 WEST, 9. FEET; THENCE NORTH 38°56f001' WEST, 28.61 FEET; THENCE SOU 51°04'0011 WEST, 8.00 FEET; THENCE NORTH 38°56f00.f1 WEST, 7. FEET; THENCE NORTH 51O04 f 00" EAST, 8.00 FEET; THENCE NOR 38°56f0011 WEST, 112.53 FEET; THENCE NORTH 83°56f0011 WES' 28.18 FEET; THENCE SOUTH 5l0O4'0O1' WEST, 127.04 FEET; THEN SOUTH 08°12f0511 WEST, 143.29 FEET; THENCE SOUTH 53O54'0 WEST, 43.38 FEET; THENCE NORTH 8O024'O1'' WEST, 94.21 FEE THENCE NORTH 39"38,53" WEST, 37.29 FEET; THENCE NOR 03°22f261t EAST, 134.14 FEET; THENCE NORTH 27°55r2911 EAS C.M.W.D. 89-509 - 2i356 e 0 * Sheet 2 of 5 Sheets EXHIBIT 'A' 62.90 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58'24'09" A DISTANCE OF 101.93 FEET; THENCE NORTH 30°28f4011 WEST, 113.00 FEET; THENCE NORTH 59°31'2011 EAST, 15.00 FEET; THENCE SOUTH 3Oo28'4O1' EAST, 113.00 FEET TO THE BEGINNING OF A TANGENT 115.00 FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58'24'09" P DISTANCE OF 117.22 FEET; THENCE SOUTH 27O55'29" WEST, 59.64 FEET; THENCE SOUTH 03°22'2611 WEST, 80.34 FEET; THENCE SOUTE 86°37'3411 EAST, 14.50 FEET; THENCE SOUTH O3O22'26l1 WEST, 10.00 FEET; THENCE NORTH 86'37'34" WEST, 14.50 FEET; THENCI SOUTH 03'22'26" WEST, 34.63 FEET; THENCE SOUTH 39'38,53' EAST, 25.81 FEET; THENCE SOUTH 80°24'0111 EAST, 82.32 FEET; THENCE NORTH 53°54'0211 EAST, 30.43 FEET; THENCE NORT€ 08°53'0911 EAST, 18.50 FEET; THENCE NORTH 8lo47'55l* WEST, 10.20 FEET; THENCE NORTH 08°12'0511 EAST, 10.00 FEET; THENCE SOUTH 81°47'5511 EAST, 10.20 FEET; THENCE NORTH 08°12'051 EAST, 114.57 FEET; THENCE NORTH 51°04'001t EAST, 139.14 FEET; THENCE SOUTH 83°56'0011 EAST, 40.60 FEET; THENCE SOUTI- 38°56'0011 EAST, 138.03 FEET; THENCE NORTH 51°04'0011 EAST 11.65 FEET; THENCE SOUTH 38O56'OOr1 EAST, 10.00 FEET; THENC: SOUTH 51°04'0011 WEST, 11.46 FEET; THENCE SOUTH 85'46'15' EAST, 37.20 FEET; THENCE NORTH 47O23'3OV1 EAST, 68.96 FEET THENCE NORTH 04°13f4581 EAST, 30.52 FEET; THENCE NORTl 38°56r0011 WEST, 50.43 FEET; THENCE NORTH 18°43'3411 EAST 38.88 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 19/48; SQ.FT. OR 0.447 ACRE OF LAND MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN DAL~A. DAVIS L.S. 5894 LICENSE EXPIRATION DATE: 12-31-92 C.M.W.D. 89-509 fi . SCALE ln--Ko' I NOTE For dimensions Of P&D Technologies w 401 West "A" Street, Suite 2500 San Diego. California 92101 Tel : (619) 232-4466 6.M.N.o. 89-5@? PROJECT NO. EXHIBIT PROJECT NAME : B Ll j5 ' MA TER EASEMENT DEDICA TION EXHIBI~ I~~JJ - l3 SHEET 6 OF 5 SHEETS CITY OF CARLSBAD PHASE I - UNIT "B" TRACT 85-35 MAP NO. 12410 SCA LE 1 "=40 1 I LOT 87 !!!a P&D Techno1 ogles w 401 Kest "Ay Street, Suite 2500 San Dlego, Callfornla 92101 Tel (6191 232-4466 6.M.W.V. 84-m PROJECT NO. EXHIBIT PROJECT NAME: B LiI 15' MA TER EASEMENT DEDICATION r?nn 1, 7 ir-mnr? 07 17 on ffl777 nfl 1 .I . NOT TO SCALE PROJECT NAME