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Home My WebLink About3958; The Cape @ Calavera Hills HOA; 2004-0876362; Easementf W? DOC # 20044876562 '?&F&@ RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Please record this document at no fee as it- is to the benefit of the City (Gov. Code [6103]). The undersigned grantor(s) declare@): Documentary transfer tax is $ 0.00 SEP 15,2004 904 AM OFFICIAL RECORDS 54N DIEGO COUNTY RECORDER'S OFFICE GF;EGOR'C J SMITH COIJNTY RECORDER FEE !# 0 00 uc NA 8 PAGE '2 Space above this line for Recorder's use. Assessor's Parcel No.: 208-101-04 Project No. & Name: 3958 ( ) 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, Woodstock Sewer Pipeline Extension CITY OF CARLSBAD y acknowledged. I GRANT DEED OF WASTEWATER PIPELINE EASEMENT THE CAPE AT CALAVERA HILLS HOME OWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION 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 H:/Development ServiceslMasterslDeeds-Grant Deeds-EasementslGrant Deed of Wastewater Pipeline Easement 08/17/98 Rev 1 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 andlor 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 particularly described in Exhibit "A" and Exhibit "B" attached hereto and by this reference made a part hereof. Executed by the Grantor this IT* day of fly-bf 202. GRANTOR: THE CAPE AT CALAVERA HILLS HOME OWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION (name of grantor) (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(s) 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 ,'beputy City Attorney By: H:/Development ServiceslMasterslDeeds-Grant Deeds-EasemenWGrant Deed of Wastewater Pipeline Easement 08/17/98 Rev 2 55 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California personally appeared 0 personally known to me doved to me on the basis of satisfactory evidence to be the person@ whose nameef ish subscribed to the within instrument and acknowledged to me that ke/she/tkej. executed the same in bia/her/t4eir authorized capacity(ieS), and that by kidherlheir signatureo on the instrument the person@, or the entity upon behalf of which the persow acted, executed the instrument. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 4- kldr Document Date: Number of Pages: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer 0 Corporate Officer - Title@): 0 Partner - 0 Limited 0 General 0 Guardian or Conservator Signer Is Representing: @ 1999 National Notary Association - 9350 De Soto Ave., P.0 Box 2402 Chatsworth, CA91313-2402. w.nationalnotary.org Prod No. 5907 Reorder: Call Toll-Free 1-8M)-876-W27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California evidence to be the person@ whose name@) is/* subscribed to the within instrument and acknowledged to me that heMe/tkey executed the same in his/kec/tbe+ authorized capacity@), and that by his/ker/tW signature@ on the instrument the personlk), or the entity upon behalf of which the persow acted, executed the instrument. WITNESS my hand and official seal. - NOTARY PUBLIC-CALIFORNIA OPTIONAL Though the information below is not required by law, it may prove valuable to persons re/ying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: 5 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: Aiviciual Corporate Officer - Ttle(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer 1s Representing:% 0 1999 National Notary Associallon f 9350 De Solo Ave., P.O. Box 2402 - Chatswolth, CA 91313-2402 * www nationalnolary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT “A” LEGAL.DESCRIPTION SEWER LINE EASEMENT VESTING: THE CAPE AT CALAVERA HILLS HOME OWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION APN: 208-101-04 PARCEL A THAT PORTION OF LOT 250 OF CARLSBAD TRACT NO. 8 1-47, THE CAPE AT CALAVERA COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 28,1983 AS FILE NO. 83-062710, HILLS, UNIT NO. 2, ACCORDING TO MAP THEREOF NO. 10606 FILED IN THE OFFICE OF THE IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, 10.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 250 OF MAP NO. 10606, ALSO BEING THE MOST SOUTHWESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 19252 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 5,2003 AS FILE NO. 2003-0665946; THENCE ALONG THE EASTERLY LkE OF SAID LOT 250 NORTH 8’46’21’’ EAST (RECORD NORTH 8” 46’ 21” EAST) 435.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE SOUTH 82’38’24’’ WEST 196.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 100.00 FEET; THENCE WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CUfivE THROUGH A CENTRAL ANGLE OF 63”04’19”, AN ARC LENGTH OF 110.08 FEET; THENCE TANGENT TO SAID CURVE SOUTH 19’ 34’ 05” WEST 59.98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 200 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25”59’04”, AN ARC LENGTH OF 90.70 FEET TO A POINT ON THE MOST EASTERLY LINE OF LOT 246 OF SAID MAP NO. 10606 AND THE TERMINUS OF THE DESCRIBED CENTERLINE. A RADIAL BEARING TO SAID POINT BEARS SOUTH 44”26’5 1” EAST. THE SIDE LINES OF SAID 20.00 FOOT STRIP SHALL BE PROLONGED OR FORESHORTENED.SO AS TO TERMJNATE EASTERLY ON SAID EASTERLY LINE OF LOT NO. 250 AND WESTERLY ON THE EAST LINE OF LOT 188 OF SAID MAP NO. 10606 AND SAID MOST EASTERLY LINE OF LOT 246. I CONTAINIhTG 9,140 SQUARE FEET MORE OR LESS EXHIBIT ‘B’ A MAP ATTACHED HERETO AND MADE A PART HEREOF THIS DOCUMENT THIS REAL PROPERTY DESCRIPTION AND PLAT HAVE BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. WZL MICHAEL SCHLUMPBERGER, PLS 7790 -0 0 N II .m .c Y t- m X Id w \ 61 LO - '0 0 ca Q \ \ 0 0 L I 01 LO - .. 0 z 1 \ \ CI a m Y Y t- - m X W b II (D 3 a 0 v, - 6 0 2 vi =! a -I I E 4 a a a 0 I- W a 0 W I !- Z G - E CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated August 17.2004, from The Cape at Calavera Hills Home Owners Association, 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. DATED: September 9.2004