HomeMy WebLinkAbout; Encinitas Ranch Company, LP; 1995-0273190; Easement1
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1560
PLEASE RECORD THIS DOCUMENT AT 1
NO FEE AS IT IS TO THE BENEFIT 1
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 )
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Recorder's use. Space above this line for
Assessor's Parcel NO. 211-040-8
Project Name & No. Interseation of Palomar Airvort RoaU anU Price Club, CMWD Project No. 94-302
DOCUMENTARY TRANSFER
CARLSBAD MUNICIPAL
WATER DISTRI T
TAX: None
adz&$- Aletha L. Rautenkranz, Secretarj
Board of Directors
EASEMENT (TEMPORARY CONSTRUCTION)
ENCINITAS RANCH C~~PANY, L.P.. A California limited DartnerShiD
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,
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whether above or below the surface of the ground. 1561
Said facility may include pipelines, pumping facilitie !SI
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 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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LOCATION OF THE EASEMENT:
The easement grant ed h erein shall be located within and
upon the properties more particularly described in Exhibit "A" and
Exhibit ltBgl attached hereto and by this reference made a part
hereof.
Executed by the GRANTOR this /9-
day of ai?dG , 19x.
&-
GRANTOR:
ENCINITAS RANCH COMPANY, L.P. , a California limited partnership,
By: Carltas Development Company, a
California corporation its General Partner
(name of grantor)
John C. Wh ite. President (title of signatory)
By : (sign here)
(title of signatory)
APPROVED AS TO FORM:
RONALD R. BALL GENERAL COUNSEL
By :
, (Notarial acknowledgment of execution by GRANTOR must be attached.)
CMWD 94-302
3 3/14/91 REV.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '1563
NO. 5907
State of CAL/maJ/#
County of ZVW D~E~o
On JUAE 19; 1495 beforeme, Kd A- fv, danwI/P~Nc
personally appeared JOfh! e.
kpersonally known to me -
DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTAR~PUBLIC
NAME@) OF SIGNER(S1
to be the person(6) whose name(+
subscribed to the within instrument and ac-
knowledged to me that@4ReHkey executed
the same in authorized
capacity(ief), and that by @l.b&heir
signature@ on the instrument the person(+,
or the entity upon behalf of which the
person(s) acted, executed the instrument.
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
&Sl&T gmm- Crmp. ~JSZ 1
TITLE(S1 TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 LIMITED
0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAWCONSERVATOR 0 OTHER: ~.laf?fv@ 47 NrnP.rna/J
0 GENERAL l"6 G) SUA p;nAcf-(.
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(1ES) A2B&mdw E coprndTC0. 'i?Odw-O R. 6ALL
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 * Canoga Park. CA 91 309-7184
..
EXHIBIT 'A'
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT,
A.P.N. 21 1-040-8
ALL THOSE PORTIONS OF PARCELS 1 AND 4 IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 16860.
RECORDED ON MAY 27, 1992 IN SAID COUNTY RECORDER'S OFFICE BEING AN
AREA OF LAND DESCRIBED AS FOLLOWS:
THE POINT OF BEGINNING, BEING THE MOST NORTHWESTERLY CORNER OF
PARCEL NO. 4 OF SAID PARCEL MAP; THENCE SOUTH OP0909" WEST 380.00 FEET;
THENCE NORTH 87"5043" WEST, 100.00 FEET; THENCE NORTH 02"0909" EAST,
110.00 FEET; THENCE NORTH 87"50'43" WEST, 99.00 FEET; THENCE NORTH 02"09'09"
EAST 270.00 MORE OF LESS TO THE NORTHERLY LINE OF PARCEL NO. 1 OF SAID
PARCEL MAP; THENCE ALONG THE SAID NORTHERLY PARCEL LINE SOUTH 87"5043"
EAST 199.00 FEET MORE OR LESS TO THE POINT OF BEGINNING.
EXCEPTING ALL THAT PORTION OF PARCEL NO. 1.
THE SUBJECT TEMPORARY EASEMENT SHALL EXPIRE WITHIN NINETY (90) DAYS OF
THE FILING OF A NOTICE OF COMPLETION FOR THIS PROJECT.
0.12 ACRES
CARLBUS ASSOCIATION
CMWD 94-302
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'. 1566
/I CERTIFICATION OF ACCEPTANCE OF DEED >
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I ,. ' ,I, 't lm ') \ yL 5i;'
,I This is to certify that the interest in real property conveyed by the grant deed or ., -A
ENClNlTAS RANCH COMPANY, L. P.. a California limited partnership.
to the Carlsbad Municipal Water District, Carlsbad, California, a 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. 773 of the Carlsbad Municipal Water District adopted on
January 28, 1992, and the grantee consents to recordation thereof by its duly authorized
officer.
Aletha L. Rautenkranz, Secretary
CMWD 94302