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HomeMy WebLinkAbout; Brouwer, Jacob & Jeanette, Trustees; 1994-0419261; EasementP 4y h' / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 2E 2€ 2i 2€ 1346 PLEASE RECORD THIS DOCUMENT AT YO FEE AS IT IS TO THE BENEFIT 3F THIS DISTRICT (GOV. CODE [6103]) SAN DIE60 COUNTY RECORDER'S OFFICE OFFICIAL RECORDS @&0RY SEITH. COUNTY RECDRDEE FEES: 9.09 NR RECORDING REQUESTED BY AND jJHEN RECORDED, PLEASE MAIL TO: ) Carlsbad Municipal Water District ) Engineering Department 5950 El Camino Real ) ".-. Carlsbad, California 92008 J ) . .. Space above this line for Recorder's use. .. Assessor's Parcel NO'. Project Nam+:.&:;No. Pacific Coeorate Center, 5050 Avenida ., -2 J/D- 070 - 36 Encinas. CMWD 85-601.113 . ., .,; DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPA~.:.'.:;: :*>; '.: %,~;' __ .:' ." ::; '~. . '. WATER DISTRICT ';( '. *:;;;,;~:::. . ', "_ '!;.,::>::; ae;tn, 2. ih ,I I ,'1 ., .~ .'. AlethaL.Rautenkranz,Secre$ary Board of Directors ,,, , , ,. ' I. . .";"~b...~. ~":,~;, . , : ~ ,' . ~ :; :: 2: ....,;.: ."'. EASEMENT ~, ~-;~~. ' Jacob Brouwkr. afk$r:Zeanette Broiitier. Co-Trustees of the Jacob Brouwer and Jeanettki '%rouwer Declaration of Trust Dated May 11. 1977 does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, its successors and assigns, an easement. a. ,.e.* ',..' ,, Purpose: The easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed €or the general purpose of supplying water. Said facility may include pipelines, fire hydrants, meters, vaults, and all facilities associated with said use which are designed to facilitate the use and protect the facility from 1 5127194 Rev. 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 natural and other forms of damage, and all other protective facilities and devices. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. ', The uses descr&ed herein shall be exclusive to the Grantee. GrantoTixereiin agrees that no buildings and/or structures will be erected, wcil&s constructed, fences built nor trees planted, .. nor may the" t be used by the Grantor or any other person or entity, inclf&&g other utilities, whether public or private, for uses or ipcompatible with the uses described herein without the express [&-it&$jj approval of the Grantee. '. .. , ., .::. ~ , ; . .. ,. .. ", 1: ., .;*. . I. ,.:.. 1.' .:.i :;::-::" . /// ', .. .. ,. 2 5127194 Rev. 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 OCATION OF THE EASEMENT: The easement grant 13.18 .ed herein shall be located within and lpon the properties more particularly described in Exhibit "A" and :xhibit 'lBll attached hereto and by this reference made a part ExeCuted by the GRANTOR this l;s,day of JLL~E GRANTOR: Jacob Brouwer and Jeanette Jacob and Jeanette Brouwer Brouwer, Co-Tm'stees of the Declaration of Trust Dated May 11, 1977 , By : 7 (title of signatory) By: (title of signatory) iPPROVED AS TO FO&: XONALD R. BALL ., ,.. ZENERAL COUNSEL attached.) 2MWD 85-601.113 3 5/27194 Rev. IALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NI State of - OPTIONAL SECTION - County of $kv\ >icy Though natute do85 not require the Notary to l> 13'19 CAPACITY CLAIMED BY SIGNER fill in the data below, doing so may prove invaluable to pmns relying on the dcarnem. 0 INDIVIDUAL CORPORATE OFFICER(S) , on lO -IO.q.C before me, A &'e Lz As %YOU UCw, 1\1 Ch' DATE &, TlnE OF OFFICER - E.C.,'.JANE DOE, ' personally appeared &mctte %OLWfr personally known to me - OR - 0 proved to me on the basis of satisfactory evidence 0 PARTNER(S) 0 NAMEIS) OF SIGNERIS] TITLEIS) to be the person(s) whose name(s) islare subscribed to the within instrument and ac- 0 A*oRNEY-IN-FACT knowledged to me that helshelthey executed ETRUSTEE(S) ' the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature@) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. 0 GENERAL 0 GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTINIIES) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT , THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT ' Though the data requested here is not required by law. it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE 81993 NATIONAL NOTARY ASSOCIATION * 8236 Rernmel Ave.. P.O. Box 7184. Canope Pah, CA 91309 :ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5W3 ' personally appeared 5aCoh ~~-ccci~!e~*~ NAME@) OF SIGNERIS) personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and ac- knowledged to me that helshekhey executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature($ on the instrument the person@), or the entity upon behalf of which the ' person($ acted, executed the instrument. ESS my hand and official seal. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Nolary to fill in the data below, doing so may prove invduable m persons relying on the document. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) TITLES1 PARTNER(SJ LIMITED n GENERAL 0 ATTORNEY-IN-FACT Y TRUSTEE(S) 0 GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAh4E OF PERSONIS) OR ENTINIIES) 61993 NATiONAL NOTARY ASSOCIATION 8236 Rernmet Ave., P.O. Box 7184 Canoga Park, CA 91309-7184 ~~ ~~~ ~ ~ ~ ~. ~~~ ~ - 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 CERTIFICATION OF ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated &An rL '0 , \q , from Jacob Brouwer and Jeanette Brouwer, Co-Trustees of the Jacob Brouwer and Jeanette Brouwer Declaration of Trust Dated May 11, 1977 to the Carisbad Municipal Water District, Carlsbad, California, a Munidigal Water District Act of 1911, as amended, is hereby acc .by the undersigned officer or agent on behalf of the Carlsbad':':&nicipal Water District, Carlsbad, California, pursuant to . authority conferred by Resolution No.= of the Carlsbaa; Muhkipal Water District adopted on January 2'8, 1992, and the ':g&&ieee consents to recordatfon thereof by "its duly authorized officer. ,*,. .. I. ,. ~ ... , ,. __ . ' _1 "~ ~~,~,,.:,~~ ', . ., ,' , ,. CMWD 85-601.113 4 1351 EXHIBIT "A" Paqe 1 of 2 ALL THAT PORTION OF LOT 14 OF PARCEL MAP NO. 11457 IN THE CITY OF CARLSBAD, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: A 15.00 FOOT STRIP OF LAND LYING 7.50 FEET ON EACH SIDE MEASURED AT RIGHT ANGLES AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL 14, SAID CORNER FORMED BY THE INTERSECTION OF TWO COURSES: NORTH 39"41'59" WEST 22.31 FEET (NORTH 39"41'49' WEST 22.29 FEET PER RECORD) AND NORTH 61"25'05 EAST 251.19 FEET (NORTH 6154'41" EAST 251.13 FEET PER RECORD); THENCE ALONG THE WESTERLY PARCEL LINE OF SAID PARCEL 14 AND THE PARCEL MAP THE FOLLOWING COURSES: SOUTH 3941'59" EAST 22.31 FEET TO THE BEGINNING OF A TANGENT 1535.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF l"21'05' A DISTANCE OF 36.20 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTERLINE; THENCE NORTH 85"04'33" EAST 105.39 FEET; THENCE NORTH 5458'43" EAST 59.54 FEET TO A POINT HEREIN DESCRIBED TERMINATION. NORTHEASTERLY RIGHT-OF-WAY LINE OF AVENIDA ENCINAS AS SHOWN ON SAID AS POINT A-1; THENCE NORTH 54'58'43" EAST 15.00 FEET TO A POINT OF THE SIDELINES OF SAID EASEMENT SHALL BEGIN ON SAID NORTHERLY RIGHT-OF- WAY LINE OF AVENIDA ENCINAS AND SAID SIDELINES SHALL BE LENGTHENED OR SHORTENED AT THE ANGLE POINT AND SHALL END AT RIGHT ANGLES THROUGH THE POINT OF TERMINATION. PARCEL A-1: A 10.00 FOOT STRIP OF LAND LYING 5.00 FEET ON EACH SIDE MEASURED AT RIGHT ANGLES AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE. BEGINNING AT THE ABOVE DESCRIBED POINT A-1; THENCE SOUTH 35"38'53" EAST 31 50 FEET TO THE POINT OF TERMINATION. THE SIDELINES OF SAID EASEMENT SHALL BEGIN AT RIGHTANGLES THROUGH THE POINT OF BEGINNING AND END AT RIGHT ANGLES THROUGH THE POINT OF TERMINATION. CMWD 85-C.113 RICK ENGINEERING COMPANY PLAT TO ILLUSTRATE LEGAL DESCRIPTION OF WATER USEMEND PLAHUERS-CIVIL ENOIHECRI-LAUD SURVEYOR: 68QD FRIARS ROAD SAH DIEOO. EA. 921 10 SAM DIE00-1714)2Bl-0707 3088 PI0 PIC0 ORIVE,IUITE 202,CARLSIAD. CA.02008 CIRL8EAD-(7141729-4B87 366 IO. RANCHO SAUTA FE ROAD.8AH YARCOI CA.02089 SCALE:~WJDATE: I PROJ. NO?.%!! Cmwh 85- C. I13