HomeMy WebLinkAbout; Price Company; 1995-0284253; Easement1
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DDC # 1995-0284253 !(1?995 05-JUL-1995 01-22 PPI
KFICIN RECORDS SBN DIEGD COUNTY RECORDER'S OFFICE PLEASE RECORD THIS DOCUMENT AT ) NO FEE AS IT IS TO THE BENEFIT GREGORY SilITH, COUNTY RECORDER
OF THIS DISTRICT (GOV. CODE [6103]) )
RECORDING REQUESTED BY AND 1 WHEN RECORDED, PLEASE MAIL TO: )
1
)
FEES: 0. OB
) Carlsbad Municipal Water District ) Engineering Department )
Carlsbad, California 92008
5950 ~l Camino Real
J$ : 1 ), (' >+< \
Recorder's cse. Space above this line for
Assessor's Parcel No. 211-040-33
Project Name & No. Intersection of Palomar aimor t Road and
Price Club, CMWD Proiect No. 94-302
DOCUMENTARY TRANSFER TAX: None
WATER DISTRIC CARLSBAD MUNICIPAL
Aletha L. dau Board of Directors
EASEMENT (RECLAIMED WATER PIPELINE)
THE PRICE COMPANY, a California cornoration
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 06/12/95 REV.
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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 exclusivte 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.
All facilities to be installed by Grantee will be
installed below ground level or in such a manner as to not
interfere with the use of the easement area as a driveway and
parking area.
During the period of time when construction work is being
done in the easement area, the driveway to Palomar Airport Road and
the parking areas will remain open for use by Grantor and the
public during the hours of 9:00 a.m. to 9:00 p.m. Grantee agrees
to appropriately cover and mark any excavation areas to permit safe
passage over such area.
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Once the work is completed, Grantee agrees that it will
restore the surface of the easement staging area and easement to
its current condition.
LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and
upon the properties more particularly described in Exhibit *IA" and
Exhibit tlB1l attached hereto and by this reference made a part
hereof.
Executed by the GRANTOR this I3* day of Sun&
19%.
GRANTOR:
THE PRICE COMPANY, a California
corporation,
(name of grantor)
By : Mflj~ (sign here)
~oh~~."fh<\~~, &x=L. v. i?
(title of signatory)
L (title of signatory)
CMWD 94-302
3 06/12/95 REV.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
987
NO. 5907 ..
State of CQ IJorn
U
On b.!/.: I? c beforeme, Llndd, 83err~ . /%far(/ elb/. IC ,
ATE NAME. TITLE OF OF~CER! E.G.. 'JANE DOE. N~TARY PUBLIC'
personally appeared
NAMEIS1 OF SIGNER@)
0 personally known to me - OR - a proved to me on the basis of satisfactory evidence
to be the persono whose name@@We
subscribed to the within instrument and ac-
knowledged to me t at@/$e/tMy executed
the same in &hR/tf)Cjir&thorized
capacity(i%), and that by i /tMr/tbir
signatureM on the instrument the personw,
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
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
INDIVIDUAL 0 CORPORATE OFFICER
nnE(s1 TITLE OR TYPE OF DOCUMENT
0 PARTNER@) 0 LIMITED
0 AlTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAWCONSERVATOR
0 GENERAL
NUMBER OF PAGES
0 OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAMEOFPERSONISIOR ENTITVIIES)
SIGNER@) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Rernmet Aye., P.O. Box 7184 * Canqa Park. CA 91309-7184
988
EXHIBIT 'A'
PRICE CLUB
PARCEL A
LEGAL DESCRIPTION FOR RECLAIMED WATER LINE EASEMENT.
A.P.N. 211-040-30
ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 16860 RECORDED
ON MAY ?7, 1992, IN SA13 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 "A'
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"5043" WEST 26.00 FEET, TO THE TRUE POINT
OF BEGINNING; THENCE ALONG THE CENTERLINE OF SAID STRIP OF LAND SOUTH
2Q9'09" WEST 315.28 FEET TO ITS POINT OF TERMINATION.
THE SIDELINES OF SAID STRIP OF LAND TO BE LENGTHENED OR SHORTENED TO
MEET THE MOST NORTHERLY LINE OF PARCEL NO. 1 AND TO MEET A 235 RADIUS
CURVE CONCAVE NORTHWESTERLY ON PARCEL LINE OF PARCEL NO. 1 PER MAP
16860.
0.1 1 ACRES
PRICE CLUB
CMWD 94-302
989
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CERTIFICATION OF ACCEPTANCE OF DEED u:..
This is to certify that the interest in real property conveyed by the grant deed or
easement, dated 0$/?3/95 , from
THE PRICE COMPANY. a California corporation
to the Carlsbad Municipal Water District, Cahbad, California, a Municipal Water District
Act of 191 1, as amended, is hereby accepted by the undersigned officer or agent on
behalf of the Cartsbad 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.
CMWD - 94-302