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HomeMy WebLinkAbout; Carlsbad Unified School District; 1999-0589904; Easement-. AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District 5950 El Camino Real Engineering Department Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) I Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Assessor's Parcel No. 205-220-34 Documentary transfer tax is $o.oO Project No. & Name CMWD No. 99-C.534, ( ) computed on full value of property conveyed, or MAGNOLIA VALLEYELEMENTARY SCHOOL ( )computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. f, , / WILLIAM E. PLUMMER, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT CAREBNl UNIFIED s(H0oL DISTRICT does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, its successors and assigns, an easement. 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 for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground. Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but not limited to, erosid k%@6 facilities, fences, gates, doors, locking devices, alarms, lights, 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 described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings andlor structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" and Exhibit "B attached hereto and by this reference made a part hereof. Executed by the Grantor this 9th day of August , 1999. GRANTOR CARLSBAD UNIFIED SCHOOL DISTRICT Superintendent (title of signatory) By: (sign here) (title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL By: CMWD 99-C.534 0811 7/98 Rev. 2 JUNE 29,1999 J.N. 139.0 EXHIBIT ‘A’ LEGAL DESCRIPTION FOR WATER EASEMENT MAGNOLIA VALLEY SCHOOL BEING A PORTION OF TRACT 25 1 OF MAP OF THUM LANDS ACCORDING TO MAP THEREOF NO. 1681, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCIUBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID TRACT NO. 251, STREET, AS DEDICATED PER SAID MAP; THENCE ALONG THE BEING ALSO A POINT ON THE EASTERLY RIGHT-OF-WAY OF VALLEY SOUTHWESTERLY BOUNDARY AND NORTHEASTERLY RIGHT-OF-WAY 1. NORTH 28O39’00” WEST 2.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID BOUNDARY AND RIGHT-OF-WAY 2. NORTH 61O21’00 EAST 260.00 FEET; THENCE 3. NORTH 2S039’00”WEST 25.96 FEET; THENCE 4. SOUTH 61°21’00” WEST 20.00 FEET; THENCE 5. SOUTH 28O39’00” EAST 10.96 FEET; THENCE 6. SOUTH 61°21’00”WEST 240.00 FEET, A POINT ON THE NORTHEASTERLY RIGHT OF WAY OF SAID VALLEY STREET; THENCE .- 7. SOUTH 28O39’00” EAST 15.00 FEET TO THE TRUE POINT OF BEGINNING TOTAL AREA IS 4,119 SQ. IT MORE OR LESS. THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. MIGUEL k MARTINEZ L.S. 7443 DATE LIC. EXP. 6-30-02 .- EXHIBIT '8' LFGRJD: 47 0 9 - -- - PROPERTY UNE WATER EASEMENT DEDICATED HERECN; AREA= 4.1 19 SF (0.09 AC) - 1 NO SCALE klQ"e 205-220-34 ELWWENTAR Y SCHOOL MAP NO. 1681 MAP OF THUM LANDS -2839'00'W582.W' - 2.15' \ QEiIlLx T. P. 0. B. NOT TO SCALE CARLSEAD JUNIOR HIGH SCHOOL TRACT 246 MAP OF THUM LANDS MAP NO. j681 rn ~~1~ CARJSBAD MUNICIPAL WATER DISTRICT WA~E*roonMTmC ELEMENTARY SCHOOL ur REGSTRAW EXPIRES 6-30-02 W1ESM.d.g 6-24-99 2:32:15 pn EST CMm STATE OF CALIFORNIA 1 COUNTY OF 20 0 Q# e\,o personally appeared NAMEMOF SlGNEFjlsl R personally known to me - OR - Xkwhose nameM is/- subscribed to the within instrument and acknowledged to me that-tbq executed the same in la@$keir authorized capacityw, and that by k@tW signatureH on the instrument the person@, or the entity upon behalf of which the personpj acted, executed the instrument. WITNESS my hand and official seal. Q&A lL?+#LAJj @NATURE OF NOTARY of' !,. , (This area for official notary seal.) Title or Type of Document Gray1 $. seed rrf cCla+er 6kefllen f Date of Document R&,UJZL 9. I999 No. of Pages 6ue 5 ~ I Signer(s) other than named above I CMWD 06/14/95 Rev. CERTIFICATION FOR ACCEPTANCE %Z&D This is to certify that the interest in real property conveyed by the grant deed of easement, dated 9th of August,lg -9 99 from Cheryl Ernst, Carlsbad Unified School District to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 191 1, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9. 1997, and the grantee consents to recordation thereof by its duly authorized officer. DATED:mst 23. 1999 CMWD 99-C.534 11/03/97 Rev.