HomeMy WebLinkAbout; Winter, Barbara & Ray Trustees; 1999-0789036; EasementRECORDING REQUESTED BY
AND WHEN RECORDED,
PLEASE MAIL TO:
Carlsbad Municipal Water District
5950 El Camino Real
Engineering Department
Carlsbad, California 92008
MAIL TAX STATEMENTS TO: F6 6P NF
EXEMPT
Please record the document at no
OCNAfee as it is to the benefit of the
District (Gov. Code [6103].)
2984 DOC # 1999-0789036
ms: 0.00 E: ti4
I Space above this line for Recorder’s use.
The undersigned grantor(s) declare(s): Assessor’s Parcel No. 21 1-050-1 5
Documentary transfer tax is $o.oO Project No. & Name: 98-C.463: ISLANDS RESTAURANT
( ) computed on full value of property conveyed, or
( )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.
e lPLLL.3,”
WILLIAM E. PLUMMER, Deputy City Engineer
GRANT DEED OF WATER LINE EASEMENT
BARBARA ECKE WINTER AND RAY W. WINTER,
as Trustees of the Ray and Barbara Winter Trust dated May 15,1981
do 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 08/17/98 Rev.
.. .. 2985
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.
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 *day of/@/"
'9*
GRANTOR
BARBARA ECKE WINTER AND RAY W. WINTER,
as Trustees of the Ray and Barbara Wlnter Trust dated May 15,1981
(name of grantor)
By:,&d&cc
(sign here)
Trustee
(title of signatory)
Trustee
(title of signatory)
(Notarial acknowledgement of execution of PROPERTY OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the
corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that
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. BA
By:
2
CMWD 98-C.463
08/17/98 Rev.
2986
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certii that the interest in real property conveyed by the grant deed of easement, dated
4 , 19qq.fromgiyhara ~~k= Winter Q~, w -
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 98-C.463 Lorraine M. Wood, Deputy City Clerk
11/03/97 Rev.
2987
STATE OF CALIFORNIA 1
COUNTY OF 1 ss
/
personally appeare
&ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@) whose
name@) %,ubscribed to the within instrument and acknowledged to me that t&sj@@executed the same in
&t/@authorized capacity(ies), and that by4!(s/hhr/@ignature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer@) other than named above
CMWD 98-C.463
06/14/95 Rev.
.. 2988
EXHIBIT “A”
LEGAL DESCRIPTION
C.M.W.D. 98-C.463 ”
BEING A PORTION OF LOT “H OF RANCHO AGUA HEDIONDA, IN THE CITY
CARLSBAD, COUNTY SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF, NO. 823 AS FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY NOVEMBER 16,1896, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF THE PARCEL OF
LAND AS SHOWN ON RECORD OF SURVEY NO. 12965, RECORDED
SAID COUNTY; THENCE PROCEEDING ALONG THE NORTHERLY LINE OF
SAID PARCEL AND ITS EASTERLY PROLONGATION SOUTH 87’ 48’ 49” EAST
236.10 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING
ALONG SAID LINE SOUTH 87” 48’ 49” EAST 22.00 FEET; THENCE SOUTH 02”
10’ 40” WEST 25.00 FEET; THENCE NORTH 87’ 48’ 49” WEST 15.00 FEET;
THENCE NORTH 02” 10’ 40” EAST 13.00 FEET; THENCE NORTH 87” 48’ 49”
WEST 7.00 FEET; THENCE NORTH 02” 10’ 40” EAST 12.00 FEET TO THE POINT
OF BEGINNING.
AREA OF THE HEREIN DESCRIBED LOT IS APPROXIMATELY 0.01 ACRES.
AS SHOWN ON ATTACHED EXHIBIT “B AND BY THIS REFERENCE MADE A
PART HEREOF.
NOVEMBER 8,1990, AND FILED AS INSTRUMENT NO. 90-608301 RECORDS OF
Joseph C. Truxaw & Associates
I:\WORDbVUES\ISL9708EXHDLT A.DOC
PAGE I OF I
\2 PL
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h v11 N8"3.','49'W
'I
.P I
211-050-15 -0 I
-- N89'26'20'W
" 361.13'
" 4
BASIS OF BEARINGS LINE TABLE
THE BEARING NORTH 87'48'49" WEST FOR THE CENTERLINE OF NO. ! m DISTANCE"
PALOMAR AIRPORT ROAD AS SHOWN ON RECORD OF SURVEY No. 13123.
RECORDED AS FIE No. 91-152365, RECORDS OF SAN OlEGO COUNM,
CALIFORNIA, WAS USE0 AS THE BASIS OF BEARINGS FOR MIS PROJECT.
LEGEND
.. L1 ,s8~-~4~E-"-~. 22.00, L2 SOTlO'4D"W "25,W7~" U- NsTie'49-W ~~~ 1-5.00,- L4~ .NOT10:40"E ~-13.00 L5 N8T.48 49"W . 7.00'"' L6 NOTIO'40.E ~ -~ 12.001".:'
INDICATES EASEMENT FOR WATER AND ACCESS PURPOSES GRANTED
TO THE CIM OF CARLSBAD HEREON.
0.01 ACRES.
PROPERTY OWNER: RAY WINTER & BARBARA ECKE WINTER CO-TRUSTEES OF THE RAY & BARBARA WINTER TRUST 1745 ROCKY ROAD
FULLERTON, CA 92831
(714) 526-3035 GRAPHIC SCALE
' OWNER OF THE AREA SHOWN. PLAT PREPARED BT:
AS DESCRIBED ON ATTACHED EXHIBIT "A'
AND BY THIS REFERENCE MADE A PART HEREOF.
(wm)
1 inch = 80 ft
PI.. . .- . . .
EASEMENT PLAT - CITY OF CARLSBAD