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Home My WebLink AboutCMWD 92-406; Kelly, Richard C.; 2000-0523120; Easement. . . . 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 h 7083 DOC 2 2000-0523120 SeP 29s 2000 II=21 a+$ OFFICIN REm !3N DIEGO COUNTY RECORDER’S W-ICE GREGORY J. SWH, lxltm RECORDER Tz o=OO : ia llll~lllulll~rlll~ll~llnl~ll~~ll 2000-0523120 Please record this document at no fee as it is to the benefit of the City (Gov. Code [6103]). Space above this line for Recorder’s use. 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. Assessor’s Parcel No.: 209-060-56 Project No. & Name: CMWD 92-406 16” SEWER TRUNK, SAHTIE, PROJECT 3563 CITY OF CARLSBAD , deputy City Engineer GRANT DEED OF WASTEWATER PIPELINE EASEMENT RICHARD C. KELLY, AN UNMARRIED MAN 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, Eng\Word\Mastars\Forms\Grant Deed of Wastewater Pipeline Easement 08/i 7198 Rev 1 . *. .. 3 7084 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 particularly described in Exhibit “A” and Exhibit “B” attached hereto and by this reference made a part hereof. Executed by the Grantor this d 4??f -57 day of 2ocM GRANTOR: RICHAR a/3 C KELLY. AN UNMARRIED MAN (title of signatory) (sign here) (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: B. BROWER, Deputy City Attorney Eng\Word\Masters\Forms\Grant Deed of Wastawater Pipeline Easement 08/17/98 Rev 4 P 7085 State of California ) 1 County of San Diego ) On August 2, 2000, before me, Belinda R. Guzman, Notary Public, personally appeared Richard C. Kelly, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Signature of Notary (This area for official notary seal) Title or Type of Document Grant Deed of Wastewater Pipeline Easement Date of Document August 2,200O No. of Pages 2 Signer(s) other than named above None 5 Public Sewer Easement 7086 7-23-99 1 of 2 EXHIBIT “A” (Kelly Golf Course) A 25.00 foot easement for public sewer mains, appurtenances and utility purposes over, under, along and across a portion of Lots B and E of the 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 County on November 18, 1896 described as follows: parcel I J&.sement A strip of land 25.00 feet in width lying 12.50 feet each side of, measured at right angles, and parallel with the following described centerline Commencing at the most Southerly corner of Parcel 2 of Parcel Map No. 17985, filed in the Office of the County Recorder of said County on February 4, 1998; thence along the Southeasterly line of said Parcel 2 North 29”50’3’7” East (Parcel Map No. 17985 = North 29O58’33” East) 573.69 feet to the True Point of Beginning; thence leaving said Southeasterly line North 89°32’OO” East, 37.67 feet to the beginning of a tangent 525.00 foot radius curve concave Northerly; thence Easterly and Northeasterly along the arc of said curve through a central angle of 13°49’OO” a distance of 126.60 feet; thence tangent to said curve North 75”43’00” East, 197.99 feet; thence North 83O38’04” East, 225.48 feet to the beginning of a tangent 525.00 foot radius curve concave Southwesterly; thence Easterly and Southeasterly along the arc of said curve through a central angle of 15’36’56” a distance of 143.08 feet; thence tangent to said curve South 80’45’00” East, 71.83 feet; thence South 39O26’00” East, 330.00 feet to the beginning of a tangent 824.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 27’16’09” a distance of 392.17 feet to a point in the arc of said curve to which a radial line bears North 87’47’03” East; thence leaving said curve South 70°37’OO” East, 48.48 feet to the Westerly line of the 70.50 acre Tract shown on Record of Survey No. 517, filed in the Office of the County Recorder of said County on October 30, 1935, said point bears North 13”27’28” East, 35.27 feet from the intersection of said Westerly line with the North line of Lot 11 of Map No. 11242, filed in the Office of the County Recorder of said County on May 23, 1985. '708'7 The sidelines of said strip of land are to be lengthened or shortened to begin in the Southeasterly line of Parcel 2 of said Parcel Map No.17985 and terminate in the Westerly line of said Record of Survey No. 517. Said easement contains 39,215 square feet. parcel 2 TemDorarv ~onstrktion Easement A strip of land lying 10.00 feet each side of, measured :at right angles, and parallel with the above described Parcel 1. Parcel 3 Temnorarv Construction Easement A strip of land 10.00 feet in width lying Southeasterly of and parallel with the Southeasterly line of Parcel 2 of said Parcel Map No. 17985. . Parcel 4 TemDorarlv C-n J%ascmd That portion of Lot B of said Map No. 823 Iying between the Southerly and Southwesterly sidelines of the above described Parcel 1 and the following described line. Beginning at the intersection of the Westerly line of the ,70.50 acre Tract as shown on said Record of survey No. 517 with the centerline of the above described Parcel 1; thence along said Westerly line South 13’27’28” West, 36.75 feet to the North line of Lot 11 of said Map No. 11242; thence leaving said Westerly line along said North line North 76”32’05 West, 104.75 feet ( North 76’46’42” West, 104.48 feet per record of Survey No. 6169); thence leaving said North line North 20’54’43” East, 106.39 feet; thence North 15O42’23” East, 236.00 feet; thence North 40’54’30” East, 9.36 feet. This legal description and plat attached here were prepared by me or under my direction. Fzl&&.& Lcj. pEti&./ L. 3-. Ls3y Francis W. Fitzpzrick L. S. 4539 License expires-Sept. 30,2002 ‘IO and made a part of this document 2of2 7 -. EXHlB \T”B” A dQBs 7088 @.96' AANCHO AGUA HEDIcWDA A / 3% A@ MAP NOa 823 a OF 6 S1EE) RANGHO AGlJA HEDJONDA / MAP No. 823 R OF s 6188 /; 5. $. .t.y 0 200 400 600 / a300 GRAPHIC SCALE i -& Y. kc., 1 C.M.W.D. 92-406 A.P.N. 209-060-58 PARCEL 4 TEMPORARY CONSTRUCTION EASEMENT b “E$3&05$ I p14274;;c //-2Ly<fJ’28”E PLAT TO ILLUSTRATE SEWER EASEMENT AND TEMPORARY . n MANITOU ENGINEERING COMPANY I PUNNING . CONSULTING ENGINEERING * SURVEYING so VEST rem4 AVE. rum ‘la-. Escmcim CA 92DX -OWL ,m, 1.14911 I CONSTRUCTION EASEMENT MEsvRoi \DATA\I 529\1529-po2c 8 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated Awust 2, 2000, from Richard C. Kelly, 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: 7 -$I- (30