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Home My WebLink About; Winter, Ray & Barbara, Trustees; 1996-0406208; EasementRECORDING REQUESTED BY Carlsbad Municipa1,Water District AND WHEN RECORDED, PLEASE MAIL TO: I Carlsbad Municipal Water District 5950 El Camino Real Engineering Department Carlsbad, California 92008 MAIL TAX STATEMENTS TO: I 'i / EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code I61 031.) , 3 , 389 ... . OFFICIAL RECORDS SOH DIEGO COUNTY RECORDER'S OFFICE GREGORY SHITHI CUUNTY RECORDER 2 2 1996 FEES: 0.00 t# I Space above this line for Recorder's use. The undersigned grantor@) declare(s): Assessor's Parcel No. 211-050-15 Documentary transfer tax is $o.oO Project No. 8 Name CMWD Proiect No. 934.411 ( ) computed on full value of property conveyed, or "Prime Auto Center" WIS Paseo Del Norte ( ) computed on full value less value of liens and NIQ Hadlevs ( ) Unincorporated area: (x) city of Carlsbad , and encumbrances remaining at time of sale. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. GRANT DEED OF WATER LINE EASEMENT b- ( RAY AND BARBARA WINTER TRUST DATED MAY 15.1981, RAY W. WINTER. TRUSTEE. BARBARA WINTER. TRUSTEE 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 forthe 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 1 05/21/96 Rev. ._ 390 faciliks and structures assodated 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 conkol faaliies, 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 sbuctures 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 "0" attached hereto and by this reference made a part hereof. by the Lessee this a day of fl.1 Executed by the Grantor this a day of Sod6 , 19%. LESSEE: GRANTOR: RAY AND BARBARA WINTER TRUST DATED MAY 15, PRIME CAR WASH INVESTMENT, INC., a California 1981, RAY W. WINTER, TRUSTEE, BARBARAWINTER, comoration TRUSTEE n (name of grantor) By: By: (sign here) / (sign here) , FRANK PIERSALL. VICE PRESIDENTISECRETARY RAY W. WINTER. TRUSTEE (title of signatory) (title of signatory) BARBARA WINTER. TRUSTEE (title of signatory) (title of signatory) APPROVED AS TO FORM RONALD R. BALL GENERAL COUNSEL (Notadacknowledgement of execution of GRANTOR must be attached.) CMWD 934.411 ., L 05/21/96 Rev. STATE OF CALIFORNIA I - 391 COUNTYOF 5a-d "T J I ss. personally appeared NAME@) OF SIGNER@) $personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the personbQwhose namN @are subscribed to the within instrument and acknowledged to me tha@herthey executed the same i@her/their authorized capacilyH), and that beernheir signature on the instrument the or the entity upon behalf of which the F persay acted, executed the instrument. WITNESS my hand and official seal. fficial notary seal.) ~~ ~~ Title or Type of Document Date of Document No. of Pages Signer(s) other than named above CMWD 93C.411 06/14/95 Rev. 392 STATE OF CALIFORNIA I COUNN OF Orawe ss. 1 personally appeared Ray Icl. &der dd barbara Ldfnkr NAME(S) OF SIGNER@) 0 personally known to me - OR - dproved to me on the basis of satisfactoly evidence to be the person@) whose name@) &@subscribed to the within instrument and acknowledged to me that -executed the same in I#h&'@authorized capacityoes), and that by %M@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. &L&vmQf& SIGNATURE OF NOTARY (This area for official notary seal.) No. ofpages "iio cz) I Signer@) other than named above VLE, 0611 4/95 Rev. 393 EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENT BEING A PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSEAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON NOVEMBER 16, 1986. A STRIP OF LAND 20 FOOT IN WIDTH LYING 10.00 FEET ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT AT THE INTERSECTION OF THE SOUTHERLY LINE OF RANCHO AGUA HEDIONDA WITH THE EASTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE EASTERLY ALONG SAID SOUTHERLY LINE 292.56 FEET; THENCE NORTHERLY AT RIGHT ANGLES 1558.90 FEET TO THE NORTHEAST CORNER OF WAT PARCEL OF LAND CONVEYED TO CARLSBAD INDUSTRIAL DEVELOPMENT BY DEED RECORDED DECEMBER 4,1956 IN BOOK 6367, PAGE 141 OF OFFICIAL RECORDS AS MARKED BY A 3/4" IRON PIPE WITH TAG STAMPED R.E. 9822, BEING AT COORDINATES Y EQUALS 348,732.09 FEETAND X EQUALS 1,672,277.16 FEET; THENCE ALONG THE NORTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN DEED TO P.A. HORTON, RECORDED IN BOOK 1641, PAGE 437 OF OFFICIAL RECORDS, SOUTH 89' 26' 41" EAST, 594.57 FEET TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN PARCEL 3 OF DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 18,1965 AS FILE NO. 108756 OF OFFICIAL RECORDS; THENCE ALONG THE WEST LINE OF SAID PARCEL 3, SAID LINE BEING THE WESTERLY RIGHT OF WAY LINE OF BASE0 DEL NORTE (FORMERLY LOWER LANE) AS SHOWN ON RECORD OF SURVEY MAP NO. 6846, NORTH 2' 09' 37" EAST, 120.05 FEET; THENCE NORTH 89' 26' 41 WEST, 19.01 FEET TO A POINT BEING ON A LINE WHICH IS PARALLEL WITH AND 19.00 FEET WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF PASEO DEL NORTE AS SHOWN ON RECORD OF SURVEY MAP NO. 6846; THENCE NORTH 2' OS 37" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 130.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE NORTH 90' 00' 00 WEST A DISTANCE OF 169.00 FEET; THENCE SOUTH 0' 00' 00 WEST A DISTANCE OF 50.00 FEET TO THE POINT OF TERMINATION. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT THE ANGLE POINT AND AT THE WESTERLY RIGHT OF WAY LINE OF PASEO DEL NORTE. "SEE EXHIBIT "B" ATTACHED HERETO" CMWD 93-C.41 I 334 395 CERTIFICATION OF ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated 0 U 19%, from RAY AND BARBARA WINTER TRUST DATED MAY 15.1981. RAY W. WINTER. TRUSTEE, BARABARA WINTER, TRUSTEE to the Carlsbad Municipal Water 0- Carlsbad, California, pursuant to the 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. - ne AI ALETHA L. RAUTENKRANZ, Secretary/ CMWD 934.41 1