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Home My WebLink About; Cypress Valley, LLC; 1999-0768303; EasementRECORDING REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real @ Carlsbad, California 92008 ‘{A MAIL TAX STATEMENTS TO: 1% / ” EXEMPT fee as it is to the benefit of the Please record the document at no District (Gov. Code [6103].) DOC # 1999-0768303 4 727 Space above this line for Recorder’s use. The undersigned grantor(s) declare(s): Assessor‘s Parcel No.: 168-30344 Documentary transfer tax is $o.oO Project No. & Name: 84501; CALAVERA HILLS, ( ) computed on full value of property conveyed, or VILLAGE “T” ( ) 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. (QAh L3 \%% WILLIAM E. PLUMMER, Deputy City Engineer - GRANT DEED OF RECYCLED WATER LINE EASEMENT CYPRESS VALLEY LLC, a California limited liability company 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 1 0811 7198 Rev. 4728 natural and'other forms of damage including, but not limited to, erosion control 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 /51 day of 1 sa. GRANTOR: CYPRESS VALLEY LLC, a Californla limited liability company (name of grantor) By: a?l ksign here) &&- &Y'RM (title of signatory) / I' By: &d3L (sign here) (Notarial acknowledgment of execution of PROPERTY OWNER must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing 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. BA By: 2 CMWD 84-501 0811 7198 Rev. .. 4729 EXHIBIT “A” LEGAL DESCRIPTION THAT PORTION OF LOT 346 OF CARLSBAD TRACT NO. 83-19, CALAVERA HILLS VILLAGE “T”, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12951, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON JULY 16,1992, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEING A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 346, BEING A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF TAMARACK AVENUE AS SHOWN AND DEDICATED ON SAID MAP NO. 12951; THENCE ALONG THE NORTHERLY AND NORTHEASTERLY LINE OF SAID LOT 346, SOUTH 76O55’39 EAST, 26.85 FEET: THENCE SOUTH 28O31’25” EAST, 208.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY LINE, NORTH 48”2800” WEST, 98.86 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 240.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14”0805” A DISTANCE OF 59.21 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID TAMARACK AVENUE, SAID POINT BEING ON THE ARC OF A 330.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 83’57’48” EAST, SAID POINT ALSO BEING THE POINT OF TERMINUS. PAGE I OF 2 :SCE M:\Legals\1941 McMilIin\025b34.doc WO 1941-025): 9/23/99 CMWD 84-501 4730 THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED AS TO TERMINATE EASTERLY IN THE NORTHEASTERLY LINE OF SAID LOT 346 AND WESTERLY IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID TAMARACK AVENUE. "16 9. 23 SaP 97 JOHN W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. :SCE M:\Legals\1941 McMillin\025b34.doc WO 1941425X 9/23/99 PAGE 2 OF 2 L.S. 5669 CMWD 84- 501 4731 P. 0. c. SEWER EASEMENT TO THE CITY Of CARLSEW PARCEL MAP NO. 12951 A INDICATES EXISTING ACCESS AND NORTHERLY CORNER OF @ INDICATES EXISTING 150' WIDE LOT 346 SDG&E EASEMENT RECORDED OF DEEDS 6- 1-53, BOOK 4874, PAGE 143 EASTERLY R. 0. W. - NORTHEASTERLY LINE / / / - L 1" = 50' -.T 1 OF 1 .. EASEMENT PUT - C4RlSB.40 MUNICIPAL WATER DISTRICT CMWD 84- 501 \PPLICANT: PREPARED BY: I PROJECT: (A.P.N.: CYPRESS VALLEY LLC 2727 HWMR AVENUE +1,66d+ t~r~q7 VI LLAGE "T" SAN DIECO, CA 91950 JOHN W. HILL, JR. LS. 5669 SHEET 11 OF 50 168-303-04 (619) 477-7117 WATER €AS€M€NT IT EXPIRES: 9/30/99 4732 STATE OF CALIFORNIA 1 i$personally known to me - wto be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that h&?e/they executed the same in hielkerltheir authorized capacity(ies). and that by hidRerltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed the instrument. \ WITNESS my hand and official seal SIGNATURE OF NOTARY I (This area for official notary seal.) Title or Type of Document Elm" DCeL "C.V. LU - cphw \/rilq,C''7* J I Date of Document No. of Pages Signer(s) other than named above CMWD 84-501 06/14/95 Rev. 4733 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated mvember 1 ,192, from Cvuress Valley LLC to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 1911, 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. CMWD 84-501 , AMHA I!. RAUTENKRANZ, Secretary Lorraine M. Wood Deputy City Clerk 11/03/97 Rev.