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Home My WebLink AboutCDP 05-19; Stellar Properties; 2007-0232493; Easement5771 DOC# 2007-0232493 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 the document at no fee as it is to the benefit of the District (Gov. Code [6103].) APR 06, 2007 11:22 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREG 0 RY J. S MIT H.COUH TY R E CO R D E R FEES: 0.00 OC: NA PAGES: 8 ^ 2007-0232493 'itf The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 ( ) 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, receipt of which is hereby acknowledged. Space above this line for Recorder's use. Assessor's Parcel No.: 211-030-27-00 Project No. & Name: GDP 05-19 PR 06-100 TOYOTA OF CARLSBAD SERVICE CENTER CARLSBAD MUNICIPAL WATER DISTRICT7 David Mauser, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT Stellar Properties, LLC, a California Limited Liability Company, does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, 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 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 H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 1 5772 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 fo^u*xy20 o 7 . GRANTOR: Stellar Properties, LLC, a California Limited Liability Company ^ O- (sfaKhere)* (print name and title of signatory) _Byj (sign here) (print name and title of signatory) By: (sign here) _Byj (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. BALL, GENERAL COUNSEL Deputy City Attorney Hi/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 5773 State of California County of San Diego A/On o7 before me,3 re (Date) personally appeared u /I ' -J o (Name, Title of Officer) _ C_«>v <. (Name[s] of Signer[s]) ., Q personally known to me -OR - Q proved to me on the basis of satisfactory evidence to be the person^ whose namepatf is/afe^subscribed to the within instrument and acknowledged to me that hedfieZihey executed the same in hisffvefftheir authorized capacityfres^and that by his/hj^heir signature^on the instrument the person^, or entity upon behalf of which the personf^acted, executed the instrument. WITNESS my hand and official seal X^t^ygtxxvyv-e C^xA-cX^ Signature c|)Notary SUZANNE PHRCE CommWon* 1406326 Notary Pubic - CoWomta Son Otogo County MyComm.ExplieiApf17.2007 (Seal) PAGE 1 OF 1 EXHIBIT "A" 5774 LEGAL DESCRIPTION OF WATER EASEMENT CDP 05-19 PR 06-100 ALL OF THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 1310, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY ON FEBRUARY 16, 1973 AS FILE NO. 73-042619 OF OFFICIAL RECORDS. A STRIP OF LAND BEING 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL 2 OF SAID PARCEL MAP, THENCE SOUTHEASTERLY ALONG 2736.79 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST, THROUGH A CENTRAL ANGLE OF 0°09'26", AN ARC DISTANCE OF 7.51 FEET; THENCE ALONG THE CENTERLINE OF AN EXISTING EASEMENT AS DESCRIBED BY THE GRANT TO THE CARLSBAD MUNICIPAL WATER DISTRICT RECORDED JULY 12, 1974 AS FILE/PAGE NO. 74-187294, NORTH 59°30'33" EAST (RECORD NORTH 59°30'41" EAST PER SAID PARCEL MAP NO. 1310), 242.00 FEET TO AN ANGLE POINT DESCRIBED IN SAID EXISTING EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE CENTERLINE OF AN EXISTING 15.00 FOOT WIDE EASEMENT AS DESCRIBED BY THE GRANT TO THE CARLSBAD MUNICIPAL WATER DISTRICT RECORDED DECEMBER 30, 1993 AS DOCUMENT NO. 1993-0886346; THENCE ALONG SAID CENTERLINE NORTH 59°30'33" EAST, 114.29 FEET TO A POINT REFERENCED IN SAID EASEMENT AS POINT "A"; THENCE SOUTH 30°32'31" EAST, 128.66 FEET; THENCE SOUTH 75°32'31" EAST, 56.12 FEET; THENCE NORTH 59°27'29" EAST, 33.18 FEET; THENCE PERPENDICULAR TO SAID EXISTING CENTERLINE NORTH 30°32'31" WEST, 7.50 FEET TO THE SIDELINE OF SAID EXISTING EASEMENT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 30°32'31" WEST, 39.36 FEET TO A POINT OF TERMINATION. THE SIDELINES OF SAID 15.00 FOOT STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED TO JOIN WITH THE EXISTING EASEMENT. THE AREA OF THIS PARCEL IS 590 SQUARE FEET. EXHIBIT 'B' BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLA T IS THE CENTERLINE OF A 15.00' WIDE EASEMENT DESCRIBED BY THE GRANT TO THE CARLSBAD MUNICIPAL WATER DISTRICT RECORDED DECEMBER 30, 1993 AS DOCUMENT NO. 1993-0886346, I.E. N59'30'33"E LEGEND 5775 ( ) - RECORD DATA PER PM 1310 [ ]-RECORD DATA PER DOC. NO. 1993-0886346 PALOMAR AIRPORT RD. - BOUNDARY - EXIST EASEMENT l\\\\\\\\\\\l- PROPOSED EASEMENT POC - POINT OF COMMENCEMENT TPOB - TRUE POINT OF BEGINNING ICINITY MAP NOT TO SCALE LEGAL DESCRIPTION PARCEL 2 OF PARCEL MAP NO. 1310, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO , STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 16, 1973, RECORDERS FILE NO 73-042619 OF OFFICIAL RECORDS. OWNER/DEVELOPER STELLAR PROPERTIES, LLC 6030 AVENIDA ENCINAS SUITE 220 CARLSBAD, CA 92009 (760) 438-2000 PROJECT LOCATION bh/v,lnc. 7H/S PROJECT IS LOCATED WITHIN PARCEL NUMBER(S) 211-030-27 THE CALIFORNIA COORDINATE INDEX THIS PROJECT IS: N 360 E 1671 ASSESSORS land planning, ctvtl engineering, surveying 5115 AVENIDA ENCINAS SUITE "L" CARLSBAD, CA. 92008-4387 (760) 931-8700 THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION: OF RONALD L HOLLOWAY EXP. 3-31-07 \C.E. 29271 DATE CARLSBAD MUNICIPAL WATER DISTRICT DATE:10-2-06 SCALE: NTS A.P.N.211-030-27 WATERLINE EASEMENT PLAT PARCEL 2 OF PM 1310 DRAWN BY: BHA INC. PR 06-100 SHEET:1 OF 3 K:\Lond Projects 3\591-0804-605\DWG\plot\591-0805-WTR~ESMT.dwg JO/2/2006 5:03:41 PM PS EXHIBIT 'B' 60 30 bh/Ui SUITE V CARLSBAD. (760) 931-8700 RONALD L. / (N30-29'19'W 139.84') APN 210-030-28 PCL 1 PM 1310 ic. i , civil engineering, surveying ^ NONAS 3; ^ 92008-4587 j§ OQ ^ * 5 | ~-^v 5i cS ^ lO % ^S^AY \^\\ 3- ^J ^ IS. L-07JS SQ to tfc «J t$J ^^ 11 1 f)WA Y PCF PBQ971 "^ (N62'31'58"E(R))-^JSS^S'JTT 21Z00T | — -^>INJ \VEXISTING PUBLIC WATER VEASEMENT^ f APN 211-030-27 S POL 2 ^ PM 1310 y- EXISTING BUILDING Tl (L=1 44.27' I /, R=2735.79' I/ 1 A=3'01'17") /-R/W ^—[L=7.5l' AVENIDA ENCINAS [N62'31'50"E(R)CALC.J R=2735.79' &=OW'26*] CARLSBAD MUNICIPAL WATER DISTRICT DATE:10-2-06 SCALE: 1"= 60' A.P.N.211-030-27 WATERLINE EASEMENT PLAT PARCEL 2 OF PM 1310 DRAWN BY: BHA INC. PR 06-100 SHEET:2 OF 3 K:\Land Projects 3\591-0804-605\DWG\plot\591-0805-WTR-ESMT.dwg 10/2/2006 5:03:41 PM PS EXHIBITS 20 10 0 20 SCALE: 1" = 20' 5777 luuuuuxi WATER EASEMENT 590 SF bit A, Inc. \\\\\\\\\\\\ N30'32'31'W land planning, cMI engineering, surveying 5115 AVENIDA ENdNAS SUITE "L" CARLSBAD, CA. 92008-4387 (760) 931-8700 RONALD L HOLLOWAYRCE 29271 EXISTING 15' WIDE WATER EASEMENT PER DOC. NO. 1993-0886346 REC. 12-30-93 -EXISTING BUILDING CARLSBAD MUNICIPAL WATER DISTRICT DATE:10-2-06 SCALE: 1"= 20' A.P.N.211-030-27 WATERLINE EASEMENT PLAT PARCEL 2 OF PM 1310 DRAWN BY: BHA INC. PR 06-100 SHEET:3 OF 3 K: \Land Projects 3\591-0804-605\DWG\plat\591-0805-WJR-ESMT.dwg 10/2/2006 5:03:41 PM PS 5778 CERTIFiCATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated January 1. 2007. from Stellar Properties. LLC. to the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, is hereby accepted by the Board of Directors of the Carlsbad Municipal Water District, 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: March 26. 2007 £|,/^ \&1.- ttj:<