HomeMy WebLinkAbout; Aviara Resort Associates Limited Partnership; 1992-0243142; Easement1%. .'
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TCT' ; PLEASE RECORD THIS DOCUMENT AT 1
NO FEE AS IT IS TO THE BENEFIT 1 i it3
1
RECORDING REQUESTED BY AND 1
WHEN RECORDED, PLEASE MAIL TO: 1 1
OF THIS DISTRICT (GOV. CODE [6103]) )
Carlsbad Municipal Water District ) Engineering Department
5950 El Camino Real Carlsbad, California 92008
Assessor's P
Project Na
DOCUMENTARY TRANSFER
CARLSBAD MUNICIPAL WATER DISTRICT
TAX: None
Aletha L. Rautenkranz, Sec:
EASEMENT
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Agency organized in the State of California, its SUCC~SSOI
assigns, an easement.
Purpose: The easement granted herein shall be g
for the following purposes: the construction, operation, r
reconstruction and all activities necessary to cons
reconstruct, operate, maintain and repair facilities design
the general purpose of collecting, storing, transporting, p
and treating all water, including surface water, stream
flood water and ground water flowing into said facilities, a
natural and artificial drainage ditches and structures of an)
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whether above or below the surface of the ground.
Said facility may include pipelines, pumping facil.
structures designed to control the flow of water and all faci:
and structures associated with said use which are design
facilitate the use and protect the facility from natural and
forms of damage including, but , erosion cc
facilities, fenc s, doors, locking , alarms, 1
and all other p e facilities a - The use
also inclu access to and from said fac
purpose onstructing, operating, repairing, mainta.
inspecting and reconstructing said facility.
The uses described herein shall be exclusive t
Grantee. Grantor herein agrees that no buildings and/or struc
will be erected, walls constructed, fences built nor trees pll
nor may the easement be used by the Grantor or any other per
entity, including other utilities, whether public or privatr
uses whether compatible or incompatible with the uses desr
herein without the express written approval of the Grantee.
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LOCATION OF THE EASEMENT:
The easement granted herein shall be located withii
upon the properties more particularly described in Exhibit IrA1
Exhibit I1Bl1 attached hereto and by this reference made a
hereof.
Executed by the GRANTOR tl
By: (sign here)
(title of signator
By:
(sign here)
(title of signator
APPROVED AS TO FORM:
RO;;LA&m; 9,
G NERAL COUNSEL
44 G-7 2 '
/1 L- By:
(Notarial acknowledgment of execution by GRANTOR must be attac
CMWD 89-509
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AvfARA 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
++I> * @4’&;-2
John K. Alstrom
Assistant Secretary
BY
By: !) ,LJf )i /yp-
Ted L. Hoover
Vice President/Assistant Secretary
By: Republic Development Company, a
California corporation, General Partner + L4/>pP~’&~,< i I_ BY: 2 John K. Alstrom
Vice President
By: 3 d- /L, (p7-W-l
Ted L Hoover
Vice President/Assistant Secretary
By: TAT AVLARA, LTD., a California
%J(js 0 e
CORPORATION AS PARTNER OF A PARTNERSHIP,
WHICH IS A PARTNER OF A PARTNERSHIP,
WHICH IS A PARTNER OF A PARTNERSHIP
STATE OF CALIFORNIA 1
) ss.
County of 7Y-h~ be )
On Ma+ 3\ , 199% 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 dLG President and ,/k%hc*-i-
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 being known to me to be one of the general partner
/l-XlWWD hm5 L-M\-ngo t2w-73 LZ~, said partner
being known to me to be one of the partners of ALPRpr m r- / CMtW2 @i4L,?JLge-slf the partnership
executed the within instrument and acknowledged to that
corporation executed the same as such partner and that
partner executed the same.
=- t- bo \1 Let?-- and &&rJ L. & Wd
Secretary, on behalf of MtRLA L.f+wD CcWtPwq
WITNESS my hand and official seal.
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2366
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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.
194 2, before e, the undersigned, a Notary Pul
in and for said State, personally appeared
personally known to me (or proved to me on the bi
of satisfacto evidence) to be the person(s) who executed the within instnunent
REPUBLIC DEVELOPMENT COMPANY, the corporatibn therein named, 5
acknowledged to me that said corporation executed the within instrument pursuant to its laws or a resolution of its board of directors, said corporation being known to me to be
of the general partners of AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, !
partnership being known to me to be one of the partners of AVIARA RES0
ASSOCIATES LIMITED PARTNERSHIP the partnership that executed the w?
instrument and acknowledged to me that such corporation executed the same as s partner and that such partner executed the same.
&t.mw , :
El-Y
On v~k3t 9-
q.?o t*t-\icxl&
JUaPhowr and . \Ir 6 C?(&& OL4M
WITNESS my hand and official seal.
- 1 -Nota& Public \
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CORPORATION AS PARTNER OF A PARTIERSHIP,
STATE OF HAWAII 1 ) ss.
CITY AND COUNTY OF HONOLULU )
.7 On /& *A ?fbI A, 19 - p, before me the undersigned, a Notary Put:
,a personally known to me (or proved to me on the ba
of satisfactory evidence) to be the person(s) who executed the within instrument
0 *. c - .-: ---../ -“, ;;Lit and - on beh
AVIARA RESORT ASSOCIATES LIMlTED PARTNERSHIP the partnership t
of TAT AVIARA, LTD., the corporation that executed the within instrument on behalf
executed the within instrument and acknowledged to me that such corporation executed
same as such partner and that such partnership executed the same.
in and for said State, personally appeared &/;E;,.gx; jJ>>fAS >%it
cc fl
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WITN;c,SS my hand and official seal. 0 Jfl c i /,4- LC/ /&zpLh
Notary pblic
i&cy)tm’55;m &+reg : +q@?f 9
2068 0 0
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed or
easement, dated 3/3(/?2 , from
AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP, a California Limited Partnership
to the Carlsbad Municipal Water District, Carlsbad, California, a Municipal Water Districl
Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behal
of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to au thorit
conferred by Resolution No. 77-3 of the Carlsbad Municipal Water District adopter
on 1/23 rT 7 199% and the grantee consents to recordation therec
by it’s duly authorized officer.
IL, 1992 V DATED: k
1 P&J . iP&A
ALETHA L. RAUTENKRANZ, Secrkta
CMWD 89-509
2069
a 0
Sheet 1 of 6 Sheets
EXHIBIT 'A'
10/24/1991(DA)
300,16;SV 1027719
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 SAN
DIEGO COUNTY, JUNE 29, 1989 AS FILE NO. 89-345851, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
BEING A 15.00 FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ANGLE POINT IN THE EASTERLY LINE OF SAID LOT
87 DEFINED AS THE NORTHERLY TERMINUS OF THE COURSE BEARING
NORTH 47°47'471? WEST, 74.00 FEET; THENCE LEAVING SAIC
EASTERLY LINE NORTH 82'36'44" WEST, 137.69 FEET TO THE TRUE
POINT OF BEGINNING; THENCE SOUTH 78O57'1l1' WEST, 65.00 FEET;
THENCE SOUTH 11°02r4911 EAST, 38.64 FEET; THENCE SOUTH
56'02'49" EAST, 23.33 FEET; THENCE SOUTH 11°02'49'' EAST,
30.74 FEET; THENCE NORTH 78'57'11" EAST, 5.00 FEET; THENCI SOUTH 11°02/4911 EAST, 20.00 FEET; THENCE SOUTH 78'57'11'
WEST, 5.00 FEET; THENCE SOUTH 11°02/4911 EAST, 73.04 FEET TC THE BEGINNING OF A TANGENT 130.00 FOOT RADIUS CURVE CONCAVI TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAIT
CURVE THROUGH A CENTRAL ANGLE OF 28O43'22" A DISTANCE 0:
65.17 FEET; THENCE SOUTH 39046'111f EAST, 26.38 FEET TO TH;
BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE CONCAVE T(
THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SA11 CURVE THROUGH A CENTRAL ANGLE OF 02°13'56" A DISTANCE OF 5.8d FEET; THENCE NORTH 54°10t5411 EAST, 8.73 FEET; THENCE SOUT
35°49'06f1 EAST, 9.00 FEET; THENCE SOUTH 54°10'5411 WEST, 8.7 FEET TO THE BEGINNING OF A NON-TANGENT 150.00 FOOT RADIU
CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID POIN
BEARS NORTH 55°54r03ff EAST; THENCE SOUTHEASTERLY ALONG TH
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14'44'40" DISTANCE OF 38.60 FEET; THENCE SOUTH 19O21'17" EAST, 63.2 FEET TO THE BEGINNING OF A TANGENT 80.00 FOOT RADIUS CmF CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE AI;
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14"03'29" A DISTWC
OF 19.63 FEET, TO THE BEGINNING OF A COMPOUND 28.00 FOG
C.M.W.D. 89-509
0 0 2370
Sheet 2 of 6 Sheets
EXHIBIT 'A'
RADIUS CURVE CONCAVE TO THE NORTHEAST, A RADIAL LINE TO SAIr POINT BEARS SOUTH 56°35'1411 WEST; THENCE SOUTHEASTERLY ALONC THE ARC OF SAID CURVE THROUGH A CENTML ANGLE OF 28O22'32" I
DISTANCE OF 13.87 FEET; THENCE SOUTH 50°25f2011 WEST, 32.31 FEET; THENCE NORTH 39O34,4Ot1 WEST, 10.00 FEET; THENCE NORTI 50°25'20" EAST, 15.13 FEET TO THE BEGINNING OF A NON-TANGEN'
95-00 FOOT FL3DIUS CURVE CONCAVE TO THE NORTHEAST, A RADIAl LINE TO SAID POINT BEARS SOUTH 53026'2111 WEST; THENCI NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRA1
ANGLE OF 17°12f2211 A DISTANCE OF 28.53 FEET; THENCE NORT 19°21'17" WEST, 63.24 FEET TO THE BEGINNING OF A TANGEN 135.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENC NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRA ANGLE OF 20°24'54ff A DISTANCE OF 48.10 FEET; THENCE NORT
39'46'11" WEST, 26.38 FEET TO THE BEGINNING OF A TANGEN 145.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENC NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRA
ANGLE OF 28O43,22I1 A DISTANCE OF 72.69 FEET; THENCE NORT 11°02f49f1 WEST, 75.04 FEET; THENCE SOUTH 78°57f11" WEST
15.00 FEET; THENCE NORTH 11°02f4911 WEST, 20.00 FEET; THENC
NORTH 78057'111' EAST, 15.00 FEET; THENCE NORTH 11°02'4,0
WEST, 22.52 FEET; THENCE NORTH 56°02f4911 WEST, 23.33 FEE7
THENCE NORTH 11°02f4911 WEST, 17.47 FEET; THENCE SOU7
78°57f11" WEST, 40.19 FEET TO THE BEGINNING OF A TANGEI
82.50 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE WESTER1 ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE C
38'33'21" A DISTANCE OF 55.52 FEET, TO THE BEGINNING OF
REVERSE 52.50 FOOT RADIUS CURVE CONCAVE TO THE SOUTH,
RADIAL LINE TO SAID POINT BEARS NORTH 27°3Cf32f1 EAST; THEN( WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGj
OF 64°20f1611 A DISTANCE OF 58-95 FEET; THENCE SOUTH 53°10f1(
WEST, 45.12 FEET TO A POINT ON THE EASTERLY LINE OF TI PROPOSED GENERAL UTILITY AND ACCESS EASEMENT KNOWN AS BL'
HERON PLACE (PRIVATE), SAID POINT ALSO BEING THE BEGINNING
A NON-TANGENT 235.00 FOOT RADIUS CURVE CONCAVE TO T
SOUTHWEST, A RADIAL LINE TO SAID POINT BEARS NORTH 55'00'0 EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CUR THROUGH A CENTRAL ANGLE OF 02O23'25" A DISTANCE OF 9.80 FEE THENCE NORTH 37°23f2511 WEST, 5.20 FEET; THENCE LEAVING SI! PROPOSED GENERAL UTILITY AND ACCESS EASEMENT KNOWN AS BI HEREON PLACE (PRIVATE) NORTH 53°10f16t1 EAST, 45.06 FEET THE BEGINNING OF A TANGENT 67.50 FOOT RADIUS CURVE CONCAVE
THE SOUTH; THENCE EASTERLY ALONG THE ARC OF SAID CUR
THROUGH A CENTRAL ANGLE OF 64020f16" A DISTANCE OF 75. FEET, TO THE BEGINNING OF A REVERSE 67.50 FOOT RADIUS CUI
C.M.W.D. 89-509
23 7 0 0
Sheet 3 of 6 Sheets
EXHIBIT 'A'
CONCAVE TO THE NORTH, A RADIAL LINE TO SAID POINT BEARS SO1
27°30r3211 WEST; THENCE EASTERLY ALONG THE ARC OF SAID CUI
THROUGH A CENTRAL ANGLE OF 38'33' 21" A DISTANCE OF 45
FEET; THENCE NORTH 78O57'1itf EAST, 40.19 FEET; THENCE NO1
11°02'4991 WEST, 68.27 FEET; THENCE NORTH 41°32'4911 WE:
109.33 FEET TO THE BEGINNING OF A NON-TANGENT 355.00 F(
RADIUS CURVE CONCAVE TO THE WEST, A RADIAL LINE TO SAID PO:
BEARS SOUTH 83'41'57" EAST; THENCE NORTHERLY ALONG THE ARC
SAID CURVE THROUGH A CENTRAL ANGLE OF 12O46'14" A DISTANCE
79.13 FEET; THENCE NORTH 06°28f11tt WEST, 41.27 FEET TO :
BEGINNING OF A TANGENT 365.00 FOOT RADIUS CURVE CONCAVE
THE EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CUE
THROUGH A CENTRAL ANGLE OF 00°47'06f1 A DISTANCE OF 5.00 FEI
THENCE NORTH 83°31/4911 EAST, 24.97 FEET; THENCE Sot
06°28'11t1 EAST, 20.00 FEET; THENCE SOUTH 83'31'49" WE5
10.00 FEET; THENCE SOUTH 06°28'1111 EAST, 26.27 FEET TO 1
BEGINNING OF A TANGENT 370.00 FOOT RADIUS CURVE CONCAVE
THE WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CUF
THROUGH A CENTRAL ANGLE OF 11O25'26" A DISTANCE OF 73.
FEET; THENCE SOUTH 84°16r1711 EAST, 10.00 FEET; THENCE SO1
05'43'43" WEST, 11.20 FEET; THENCE SOUTH 41'32'49" EAS
93.26 FEET; THENCE SOUTH 11°0214911 EAST, 49.98 FEET; THE?
NORTH 78°57r1111 EAST, 49.00 FEET; THENCE NORTH 11O02'4
WEST, 12.00 FEET; THENCE NORTH 78O57'11" EAST, 16.00 FEI
THENCE SOUTH 11O02'49" EAST, 22.00 FEET TO THE TRUE POINT
BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 15E
SQUARE FEET OR 0.358 ACRES OF LAND MORE OR LESS.
THIS LEGAL DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECTION IN
DALE A. DAVIS L.S. 5894
LICENSE EXPIRATION DATE: 12-31-92
C.M.W.D. 89-509
' , A.
SCALE: 1 "=100 '
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8, . EXHIBIT "B If
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SCALE: I "=40 a
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6.M.W.Q B4-m PROJECT NO. EXHIBIT
PROJECT NAME: 6 WA TER EASEMENT DEDICA TION
f300 2 27 WTRDSZ 6/22/90 Ji# 20277.00
,- .. . ,I EXHIBIT "B" @ .. *
j 63 SHEET 6 OF 6 SHEETS
SCALE: 1 "=40 ' *
DATA TABLE ' NO. BRG/DEL TA RADIUS LENGTH Li N.39°46'il"W 26.38'
14 N 54" 10'54"E 15.13 15 NB0&5' 20"E CI 02'13'56" I5O.a' 5." C2 17" 12' 22" 95.00' 20.53'
L2 NS' 10'F"E 6.73' L 3 N 35"49 06"M/ 9.W 0.73)
!/---
N70'38 '43 "E(Rl ___-
I / I\' \/ CITY OF CARLSBAD TRACT 85-35 PHASE I - UNIT "6" MAP NO. 12410 /A /\
G.M.W.D. 89-!%l PROJECT NO. EXHIBIT PROJECT NAME : B
HA TER EASEMENT DEDICA TION
' r?nn I I 7 wTam7 6/22/,90 J# .10277.00 .... -
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WATER EASEMENT DEDICATION