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Home My WebLink About3828; The Terraces at Sunny Creek, LLC; 2002-0375710; EasementDOC # 2002-0375710 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad Carlsbad, California 92008 1200 Carlsbad Vnlage Drive MAY 02. 2002 4:13 PM W DIEM WMTY RECORDER'S OFFICE OFFICIAL mDs GamRl J. SUITH, UWRITl EURDER FEES: 0.00 E: M Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Assessor's Parcel No.: 209-1 12-55, 56 & 57 Documentary transfer tax is $o.oO Project No. & Name: 3828 - South Agua ( ) computed on full value of property conveyed, or Hedionda Interceptor Sewer Pipeline, SAHTl E ( ) 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, CITY OF CARLSBAD receipt of which is hereby acknowledged. on/ 7 /," M%R,'Deputy City Engineer GRANT DEED OF WASTEWATER PIPELINE EASEMENT THE TERRACES AT SUNNY CREEK, LLC. a California limited liability company, does hereby grant to City of Carlsbad, a Municipal Corporation, 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 wastewater, 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 wastewater 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. LOCATION OF EASEMENT: The easement granted herein shall be located within and upon the properties more particulady described in Exhibit "A" and Exhibit "B" attached hereto and by this reference made a part hereof. Executed by the Grantor this 9th day of APri 1 2002. GRANTOR: TERRACES AT SUNNY CREEK, LLC, a California limited liability company ~~~~~ name of rantor George Szabo, Jr. (print name of signatory) President, Gateway Ivey Ranch Assoc., Inc. George Szabo, Jr. (print name of signatory) Secretary, Gateway Ivey Ranch Assoc., Inc. (title of signatory) (Notarial acknowledgment of execution of PROPERTY OWNER must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer@) signing 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. BALL City Attorney Was1BWBler Pipeline Easement 2 M1/11188 Rev CALIFORNIA ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTYOF Sari Diego ) On April 9, 2002 before me, Jeanette Ta-ylor. Notary Pub1 ic DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE. NOTARY PUBLIC' WITNESS my hand and official seal. (SEAL) OPTIONAL INFORMATION TITLEORTYPEOFWCUMENT Grant Deed of Wastewater Pipeline Easement DATE OF DOCUMENT 4/9/02 NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE 4 - 1529 Public Sewer Easement 1-22-01 1 of 1 EXHIBIT "A" (Lots 166,167 & 168 ) An easement for public sewer mains, appurtenances and utility purposes over, under, along and across a portion of Lots 166, 167 and 168 of Carlsbad Tract No. 96-02, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14060. filed in the Office of the County Recorder of said County on October 27,2000 described as follows: - Beginning at the Northwest corner of said Lot 167; thence along the Northerly line of said Lot 167 to and along the Northerly lie of said Lot 166 South 83'41' 00" East, 47.27 feet; thence leaving said Northerly line South 73'04'15" West, 28.44 feet to a point in the arc of a non-tangent 435.00 foot radius curve concave Southwesterly, a radial line to said point bears North 34"33'15" East; thence Northwesterly along the arc of said curve through a central angle of 03'1622" a distance of 24.85 feet to the Northerly line of said Lot 168, a radial line to said point bears North 3 1'1653" East; thence leaving said curve along said Northerly line South 88'57'00" East, 1.09 feet to the Point of Beginning. Said easement contains 16,754 square feet. A strip of land 10.00 feet in width lying Southerly of, measured at right angles or radial, and parallel or concentric with the above described Parcel 1. This legal description and plat attached hereto and made a part of this document were prepared by me or under my direction. F~Ul fd Francis W. FitzDaiick L. S. 4539 License expires-Sept. 30,2002 PLAT TO ILLUSTRATE SEWER EASEMENT & TEMPORARY CONSTRUCTION EASEMENT REMAINDER PARCEL "A" MAP NO. 14060 3LIC SEWER EASEMENT . . ... CEL 1 - Nl(r11'00"E N83:41'00~ ~4.17 PUE r PAR 10.00' TEMPORARY CONSTRUCTION I I GRAPHIC SCALE C.M.W.D. 92-406 A.P.N. 209-1 12- 5&56 AND 57 MANITOU ENGINEERING COMPANY PUNWIND - coWSyCTw EWUNELRINO . SUmNC IOKS" m.r.""mnIQI 1529plat174 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify'that the interest in real property conveyed by the GRANT DEED OF WASTEWATER PIPELINE EASEMENT dated A~ril9.2002, from the Terraces at Sunny Creek to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16,1997, and the grantee consents to the recordation thereof by its duly authorized officer.