HomeMy WebLinkAbout; Encinitas Ranch Company, LP; 1995-0273189; Easement1
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- 1553
PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT
OF THIS DISTRICT (GOV. CODE [6103
RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO:
Carlsbad Municipal Water District )
Engineering Department )
5950 El Camino Real
Carlsbad, California 92008 )
I Space above this line for
R&order’s use.
Assessor’s Parcel No. 211-040-33
Project Name & No.
Price Club.
Intersection of Palomar Aimort Road and
CMWD Project No. 94-302
DOCUMENTARY TRANSFER
TAX: None
CARLSBAD MUNICIPAL
Aletha L. Rautenkranz, Secrejary Board of Directors
EASEHENT (RECLAIMED WATER PIPELINE)
ENCINITAS RANCH COMPANY, L.P., a California limited partnership
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public
Agency organized in the State of California, 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,
1 03/14/91 REV.
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1554
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, 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 and/or 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.
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2 03/14/91 REV.
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LOCATION OF THE EASEMENT:
The easement grant ed her .ein sh a1 1 be 1 oc !at
1555
.ed within and
upon the properties more particularly described in Exhibit "A" and
Exhibit 'lB18 attached hereto and by this reference made a part
hereof
Executed by the GRANTOR this
day of 744dE , 199s.
GRANTOR:
ENCINITAS RANCH COMPANY, L. P., a
California Limited Partnership,
By: Carltas Development Company, a California corporation its General Partner
(name of grantor)
(sign here)
John C. White, President
(title of signatory)
(sign here)
(title of signatory)
APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL
(Notarial a<knowled&nent of execution by GRANTOR must be attached.)
CMWD 94-302
3 03/14/91 REV.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
personally appeared JO u)H= -
wrsonally known to me - BR ,.,p
to be the person0 whose name(sj@ae"
subscribed to the within instrument and ac-
knowledged to me that &shdhq-executed
the same in @"authorized
capacity(&, and that by a/-
signature(+ on the instrument the person(+
or the entity upon behalf of which the
person(+acted, executed the instrument.
NAMEIS) OF SIGNERIS)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
CORPORATE OFFICER
JQibJ @. LiJt+lF \ PAwcod TITLE OR TYPE OF DOCUMENT
TITLEIS)
u PARTNER(S) u LIMITED - 0 GENERAL u AlTORNEY-IN-FACT NUMBER'OF PAGES 0 TRUSTEE(S) 0 GUARDIANEONSERVATOR 0 OTHER: NOT Df?lW plr hloWiWnd
DATE OF DOCUMENT
SIGNER IS REPRESENTING NAMEOF PERSON(S1OR ENTITY(IES1
Cfb&l%S Ddmf'Mdi c6 Ror-ltw3 R. BALL
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave., P.O. Bax 7184 * Canoga Park, CA 91309-7184
. .. 1557
EXHIBIT 'A'
PARCEL B
LEGAL DESCRIPTION FOR RECLAIMED WATER LINE EASEMENT.
A.P.N. 21 1-040-33
ALL THOSE PORTIONS OF PARCEL 4 IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 16860 RECORDED
ON MAY 17, 1992, IN SAID COUNTY RECORDER'S OFFICE BEING A STRIP OF LAND
20.00 FOOT IN WIDTH, LYING 10.00 FOOT ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE.
PARCEL "B
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF PARCEL NO. 4 OF SAID
PARCEL MAP; THENCE ALONG THE NORTHERLY PARCEL LINE OF SAID PARCEL NO.
1, SAID PARCEL LINE ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF
PALOMAR AIRPORT ROAD NORTH 87'50'43" WEST 26.00 FEET, THENCE SOUTH
2"09'09" WEST, 315.28 FEET TO THE TRUE POINT OF BEGINNING, THENCE ALONG
SAID CENTERLINE SOUTH OPO9'09" WEST 44.72 FEET TO A POINT OF TERMINATION,
THE SIDELINES OF SAID STRIP OF LAND TO BE LENGTHENED OR SHORTENED TO
MEET ON A 235' RADIUS CURVE CONCAVE NORTHWESTERLY ON PARCEL LINE OF
PARCEL NO. 1 PER MAP 16860 TOGETHER WITH THE FOLLOWING:
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF PARCEL NO. 4 OF SAID
PARCEL MAP; THENCE SOUTH 2%909" WEST ALONG THE WESTERLY LINE OF SAID
PARCEL NO. 4, 55.00 FEET; THENCE SOUTH 87"5051" EAST 30.00 FEET; THENCE
NORTH 2'09'09" EAST 55.00 FEET TO THE EASTERLY LINE OF SAID PARCEL NO. 4;
THENCE NORTH 875043" WEST 30.00 FEET TO THE POINT OF BEGINNING.
0.06 ACRES
CARLBUS ASSOCIATION
CMWD 94-302
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.. CERTIFICATION OF ACCEPTANCE OF DEED
.., ': rn J;.;
.. .......," "4 :
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:I :... .~fhistis to certify that the interest in real property conveyed by the grant deed or . ' <.l - ,". . , ..
easement, dated 06//9/'~ , from
ENClNlTAS RANCH COMPANY, L. P., a California limited partnership,
to the Carlsbad Municipal Water District, Carlsbad, California, a 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. 773 of the Carlsbad Municipal Water District adopted on
January 28, 1992, and the grantee consents to recordation thereof by its ddy authorized
officer.
Aletha L. Rautenkranz, Secretary
CMWD 94-302