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Home My WebLink AboutCMWD 92-406; |KELLY, ELSIE M. TRUST & ROBERTSON FAMILY TRUST|ROBERTSON FAMILY TRUST & ELSIE M. KELLY TRUST|; 1998-0805494; EasementY - 8 4 .. <, 0 'C '. RECORDING REQUESTED BY Robertson Trust AND WHEN RECORDED, PLEASE MAIL TO: City ClerWDistrict Secretary City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 ........ .. ........ >==. ;- .--= ... :~,- 5- ; 1 . ! _. i .? 8 F $ 2 ,,i,_ ... ;* :. -: .-.i .- .? . -, . . .... :<. 5% :. 5 9 .. .... - .. .- ...... ._.. .............. z ...... : - ___ . > : .i -*:. .% .. ._ .. ~" ~ - ... -. .... ...- . -." _,?-. -2 -;. $,-! : 5<.:?! :' . i..i :-.i ?"> :- - ._ " " .... .............. ..... . ..... .. e ~ ~"- ~-. * I .- . .-j -; ix2 *:-: $ $"$ --; <--:5 ~ ::. . .... _: _. ./ .. - .: ii zr 3. _: -. : /: ! ! : : : :-.: k,iI .; 'y ; "if ;.i!.ki.!! !.:,.,t,j!.i< :;i.:,l j!jt.. . .,.. '!&!-TFc: <j:.:!?;.-:,; >:. ...., -9 ,:;'.:''a.: ,L.! ,,,: ...,! !;-b.$ "_..".. T.i __.~."... .. - ..... , : : < : 1 !+ , .I ..i , :- ..... ... .. ... ii,i,' : _. ,_.., - ~,~: ,: -. - - - " - -. - - - - - .- - .. .. .. .. ... .. ... ...... -. . ....I... .... .ii .. .. : ._.. G.!..L ..... .? ..:: : .x,:;. : .i)ci .i /, ::: j j :.,:: :, j , i! !, !/. > .: *,<-! ! !Gi,t ,.a . , , . ..... . ..... . . ..- -... , _... ._ ,__: .." "_. -.- . ._ ........ I_: .... .. 2'-'!- i .. ._ - -. ..- .- -. .- " . ,_ ." i I,,: :-: <-. :-i %. . ~ .: ..: p+; .... 2 .1.. . -<:. _. ... .. ... , /. ... .... :. > ... ... .. :.a .. : MAIL TAX STATEMENTS TO: fc" EXEMPT \*,, e Please record this document at no fee 10 as it is to the benefit of the City/District ,',b;:(G~~. Code [6103]). ! CI ~ :-> \-, LI,. i Space above this line for Recc The undersigned grantor(s) declare(s): Assessor's Parcel No. 168-050-17 Documentary transfer tax is $ 0.00 Project No. & Name 92-406.12-Inch Calavel ( ) computed on full value of property conveyed, or Recvcled Water Transmission Main and 12 ( ) computed on full value less value of liens and South Aaua Hedionda InterceDtor Sewer P ( ) Unincorporated area: (X) City of Carlsbad , and encumbrances remaining at time of sale. Reaches SAHTPA and SAHT2C FOR A VALUABLE CONSIDERATION, CITY OF CARLSBADKARLSBAD MUNlClPA a receipt of which is hereby acknowledged. DISTRICT /p& / WILLIAM E. PLUMMER, District Engineer I / GRANT DEED OF EASEMENT FOR WASTEWATER PIPELINE AND RECYCLED WATER LINE EVERETT T. ROBERTSON AND VIRGINIA K. ROBERTSON, CO-TRUSTEES OF THE ROBERTSON FAM TRUST DATED APRIL 19,1995 AS TO AN UNDIVIDED ONE-HALF INTEREST; VIRGINIA K. ROBERTS TRUSTEE UNDER DECLARATION OF TRUST DATED OCTOBER 8,1976, AS TO AN UNDIVIDED 7% IN1 AND VIRGINIA K. ROBERTSON AS TRUSTEE OF THE ELSIE M. KELLY IRREVOCABLE TRUST DATED. 1989 AS TO AN UNDIVIDED 43% INTEREST does hereby grant to City of Carlsbad, a Municipal Corporation, and CARLSBAD MUNICIPAL WATER Dl! Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carl successors and assigns, an easement. Purpose: The easement granted herein shall be granted for the following purposes: the cc operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and rep; designed for the general purpose of collecting, storing, transporting, pumping and treating all recycled wastewater, including surface water, stream water, flood water and ground water flowing into said facilities, and 1 1 o/ c i t 0 0 .. '. 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 L and recycled water and all facilities and structures associated with said uses which are designed to facilitate thc protect the facility from natural and other forms of damage including, but not limited to, erosion control facilitic gates, doors, locking devices, alarms, lights, and all other protective facilities and devices. The use shall alsi means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, insr reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that nc andlor structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be u Grantor or any other person or entity, including other utilities, whether public or private, for uses whether cor 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 particularl) in Exhibit "A" and Exhibit "6' attached hereto and by this reference made a part hereof. Executed by the GRANTOR this %hay of SePteml 19%. GRANTOR: EVERETT T. ROBERTSON AND VIF 1995 TRUST DATED APRIL 19, 1995 AS TO AN U TRUSTEE UNDER DECLARATION OF TRUSl AND VIRGINIA K. ROBERTSON AS TRUSTEE OF 1 M. KELLY IRREVOCABLE TRUST DATED JUNE IS TO AN UNDIVIDED 43% INTEREST ROBERTSON, CO-TRUSTEES OF THE ROBERTS0 ONE-HALF INTEREST; VIRGINIA K. ROBERT OCTOBER 8, 1976, AS TO AN UNDIVIDED 7% II (name of grantor) By: EVERETT T. ROBERTSON, CO-TRUSTEE (title of signatory) By: 7&hy( A, z, - * .I (sign hdre) VIRGINIA K. ROBERTSON, CO-TRUSTEE (title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) 2 101 c e. e 0 .. -_ (President or vice-president and secretary or assistant secretary must sign for corporations. If only one office1 * corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empo officer to bind the corporation.) (W signed by an individual partner, the partnership must attach a statement of partnership authorizing the execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL City Attorney/General Counsel By: .J&.,-,l( 1\+-J ;z7 -1, Assistant C ty Attorney/Assistant General Counsel L. CM\ 3 101; e-. t . .. 0 STATE OF CALIFORNIA 1 COUNTYOF SAN DIEGO 1' ss. OnSeptember 10, 1998 before me, Susana Padilla DATE NAME AND TITLE OF OFFICER personallyappeared EVERETT T. ROBERTSON and VIRGINIA K. ROBERTSON-------------------- NAME(S) OF SIGNER(S) H personally known to me - OR - [7 proved to me on the basis of satisfactory evidence to be the persor name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed th hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 01 upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ,/ ,,Q~.wL/L,~ 4 / ?t AJlf,l", SIGNATURE OF NOTARY (This area for official notary seal.) Title or T~~~ of~ocument GRANT DEED OF EASEMENT FOR WASTEWATER PIPELINE AND RECYCLED WP Date of Document September 10, 1998 NO. of Pages 3 Signer(s) other than named above I CMWD 92-406 06/1 ?. ', ', .. - 0 0 EXHIBIT "A" LEGAL DESCRIPTION APN 168-050-17 EASEMENT THOSE PORTIONS OF LOT "E" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: PARCEL A: COMMENCING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 30'46'06" EAST, 331.55 FEET" IN THE SOUTHEASTERLY LINE OF PARCEL 2 OF THE LAND DESCRIBED IN THE DEED TO EVERETT T. ROBERTSON AND VIRGINIA K. ROBERTSON, CO-TRUSTEES OF THE ROBERTSON FAMILY TRUST DATED APRIL 19, 1995, RECORDED APRIL 28, 1995, AS FILE NO. 1995-0180164 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID SOUTHEASTERLY LINE, NORTH 30'40'25" EAST, 156.44 FEET TO THE TRUE Poll OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE THE FOLLOWING: NORTH 30"40'25" EAST, 175.1 1 FEET; THENCE NORTH 39"39'12" EAST, 339.81 FEET; THENCE NORTH 65"35'51" EAST, 494.23 FEET; THENCE SOUTH 77"54'56 EAST, 579.09 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE, NORTH 83"57'18' EAST, 104.28 FEET TO A POINT ON SAID SOUTHEASTERLY LINE; THENCE ALONG SA SOUTHEASTERLY LINE, NORTH 65"08'13" EAST, 93.00 FEET; THENCE LEAVING SAIL SOUTHEASTERLY LINE, SOUTH 83"57'18" WEST, 224.89 FEET; THENCE NORTH 78'57'33" WEST, 535.65 FEET; THENCE SOUTH 65"35'51" WEST, 514.55 FEET; THENC SOUTH 39'3912" WEST, 331.47 FEET; THENCE SOUTH 30"40'25" WEST, 38.69 FEET; THENCE SOUTH 39"06'03" WEST, 201.90 FEET; THENCE SOUTH 55°52'481 WEST, 40.: FEET TO A POINT IN THE NORTHEASTERLY RIGHT OF WAY LINE OF EL CAMINO REP SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 6837.00 FEET, A RADIAL LINE TO SAID POlN BEARS SOUTH 23"40"37" WEST; THENCE SOUTHEASTERLY ALONG SAID RIGHT-OF- WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF OO"17'51' DISTANCE OF 35.51 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH PAGE 1 OF 2 C.M.W.D. 84-501 :DA \\PcserveWPPINGLegals\l941 McMillin\004AO7.DOC WO 1941-04 7/31/90 * .- . 0 0 .. "r 5552'48" EAST, 25.68 FEET; THENCE NORTH 39'06'03" EAST, 72.06 FEET TO THE TF POINT OF BEGINNING. PARCEL B: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 65O14'32" EAST, 387.06 FEET" IN THE SOUTHEASTERLY LINE OF PARCEL 2 OF THE LAND DESCRIBED IN THE DEED TO EVERElT T. ROBERTSON AND VIRGINIA K. ROBERTSON, CO-TRUSTEES OF THE ROBERTSON FAMILY TRUST DATED APRIL 19, 1995, RECORDED APRIL 28, 1995, AS FILE NO. 1995-01 801 64 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 65'08'13" WEST, 10.95 FEET; THENCE LEAVlF SAID SOUTHEASTERLY LINE, NORTH 46'58'23" EAST, 112.28 FEET; THENCE NORTH 47"16'29" EAST, 164.80 FEET; THENCE NORTH 51'41'35" EAST, 137.96 FEET TO A PC ON THE SOUTHEASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 48"13'16" WEST, 404.25 FEET TO THE POINT OF BEGINNING. 72P49 7-3/- 98 JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 C.M.W.D. 84-501 :DA \WcserveWPPINGVegals\l941 McMillin\004A07.DOC wo 1941-04 71ma .. t' 0 0 '* LOT E A'/\ J\JGAJO fl5LJA X"/DJ\JD/\ I I I 0 *4J J!,!I/P NoJ 8.23 i' 0% 4% APN 168-050- 17 SEXY LINE OF PARCEL 2 OF FILE NO. 1995-0180164. O.R. % 6) gF s JU,L\~ J\J~~ SgjG APN 168-050-24 LEGEND: = INDICATES EASEMENT PMCEL A = 0.565 ACRE IAN DIEGO INC PUNMNC lMa t+JunekLaa st site 200 SURMnNG PH(Sl9)5WXX,~ Fx(Sl9)55SuU SCALE 1 I' = 300 I eJONEEiUNC S.n Ciqo, G Srm file nomc: R: \ 005 I \ 005 1 MOB SHEE7 EASEMENT PLAT - CIN OF CARLSBAD/CARLSBAD MUNICIPAL WATER DISTR, APPLICANT: A.P.N.: PROJECT: PREPARED BY: C4RLSBW MUNICIPAL WATER DIST. 5950 EL WINO RUV JOHN W. HILL, JR. LS. 5669 (760) 438-3367 CIWLSBW, CA 92008 168-050 USEMENT '3..& & 7-31- 78 EXPRES: 9/30/99 C.M. W, D. 84-50 1 " 9, . .- a, e 0 ’* LCT 2 2,4Jkk..O A GUA AJZD/OJ\JDA JV/\? J~Jo~ 823 APN 168-050- 17 A’ flF s JY-AP APN 168-U5U-24 m LEGEND: c HUNSAKER m INDIOITES EASEMENT * Exp. 9-3( &ASSOCIATES PARCEL 8 = 0.251 ACRE IAN DI€CQ INC 100 RANNING 1oD9 HrmLm St Site 2W oo OF CA\ aKMEwlNC hDkgo,GY?lZl File name: R: \ 005 1 \ 005 10409 SJRMYING pn(619)55MsOO~ FX(Sl9)SS&Ul4 SCALE 1” = 100’ SHER USEMENT PUT - C17Y OF CARLSBAD/CARlSBAD MUNICIPAL WATER DISTR, APPLICANT: A.P.N.: PROJECT: PREPARED BY: WLStW MUNICIPAL WATER DIST. 5950 EL CAMIN0 RLU >A & 7.31- ?e JOHN W. HILL, JR. LS. 5669 (760) 438-3367 WLSW, CA 92008 168-050 MSEMENT i EXPIRES: 9/30/99 C. M. W. D. 84-50 1 EXHIBI‘ .. .. ,. I e e e’. CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dai September 10 ,1998, from EVERETT T. ROBERTSON AND VIRGINIA K. ROBERTSG CO-TRUSTEES OF THE ROBERTSON FAMILY 1995 TRUST DATED APRIL 19. 1995 AS TO 1 UNDIVIDED ONE-HALF INTEREST; VIRGINIA K. ROBERTSON AS TRUSTEE UNDt DECLARATION OF TRUST DATED OCTOBER 8,1976, AS TO AN UNDIVIDED 7% INTEREST; AF VIRGINIA K. ROBERTSON AS TRUSTEE OF THE ELSIE M. KELLY IRREVOCABLE TRUST DATI JUNE 19, 1989 AS TO AN UNDIVIDED 43% INTEREST to the City of Carlsbad, a political corporati and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the C of Carlsbad, California, pursuant to authority conferred by Ordinance No. NS-422 of the City of Carlsb adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authoriz officer. DATED: October 3 0. 1998 - onf City Clerk CMWD 92-406 I 1 /03/97 Re .A I -. .. * 'I . e 0 .. CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, da September 10 , 1998, from EVERETT T. ROBERTSON AND VIRGINIA K. ROBERTSON, C TRUSTEES OF THE ROBERTSON FAMILY 1995 TRUST DATED APRIL 19, 1995 AS TO I DECLARATION OF TRUST DATED OCTOBER 8,1976, AS TO AN UNDIVIDED 7% INTEREST; AF VIRGINIA K. ROBERTSON AS TRUSTEE OF THE ELSIE M. KELLY IRREVOCABLE TRUST DATl JUNE 19, 1989 AS TO AN UNDIVIDED 43% INTEREST to the Carlsbad Municipal Water Distri Carlsbad, California, pursuant to the Municipal Water District Act of 1911, as amended, is here accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsb: California, pursuant to authority conferred by Resolution No. 996 of the Carlsbad Municipal Water Distl adopted ofl September 9, 1997, and the grantee consents to recordation thereof by its duly authoriz officer. UNDIVIDED ONE-HALF INTEREST: VIRGINIA K. ROBERTSON AS TRUSTEE UNDl DATED: October 30, 1998 CMWD 92-406 KAREN R. KUNDTZ, Assistant Secreta 1 1/03/97 Re1