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Home My WebLink AboutCMWD 95-506; MONARCH COMMUNITIES OF CALIFORNIA; 1997-0241354; Easementc 4 * I 0 I s RECORDING REQUESTED BY Monarch Communities of California AND WHEN RECORDED, PLEASE MAIL TO: I ,!i {/'.' - City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 9 ys 23-MAY=-1997 82=P6 Pa OFFICIAL REZOBDf SAW DIEGD COUWTY RECORER'S OFFICE GRE@H'f SRITH i LDUHTY WECORDER FEES: 0.00 NA 1 f : -< i. - .f .I -., 4 MAIL TAX STATEMENTS TO: EXEMPT 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): Assessor's Parcel No. 212-040-53 Documentary transfer tax is $ 0.00 Project No. & Name 95-506. Emerald Ridqe East ( ) computed on full value of property conveyed, or Carlsbad Tract 95-5/SDP 95-1 1 ( ) 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. g 7523- WILLIAM E. PLUMMER, District Engineer GRANT DEED OF WASTEWATER PIPELINE EASEMENT MONARCH COMMUNITIES OF CALIFORNIA, a California 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 indude 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 1 02/11/97 Rev. 0 id 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& w" day of j9i)p.r; a , 19tf'l GRANTOR: (title of signatory) (title of signatory) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: (Notarial acknowledgment of execution by GRANTOR must be attached.) CMWD 95-506 2 02/11 /97 Rev. 0 0 11 EXHIBIT "A" LEGAL DESCRIPTION SEWER EASEMENT PORTION OF C.T. 95-05 EMERALD RIDGE EAST THAT PORTION OF THAT PARCEL OF LAND DELINEATED AND DESIGNATED AS "DESCRIPTION NO. 1, 103.91 ACRES" ON RECORD OF SURVEY MAP NO. 5715 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 19, 1960 BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA ACCORDING TO MAP THEREOF NO. 823 FILED IN SAID OFFICE OF THE COUNTY RECORDER, NOVEMBER 16,1896, ALL OF THE FOLLOWING DESCRIBED PROPERTY BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT A 2 INCH IRON PIPE TAGGED L.S. 2789 MONUMENTING THE NORTHWESTERLY CORNER OF "DESCRIPTION NO. 4 OF SAID RECORD OF SURVEY MAP NO. 5715, BEING AN ANGLE POINT IN THE SOUTHERLY LINE OF PARCEL B OF PARCEL MAP NO. 2993 FILED IN SAID OFFICE OF COUNTY RECORDER AUGUST 23, 1974 AS FILE NO. 74-230326; THENCE ALONG BOTH THE NORTHERLY LINE OF SAID DESCRIPTION NO. 4 AND THE SOUTHERLY LINE OF SAID PARCEL B NORTH 72'1012" EAST, 71.82 FEET (RECORD NORTH 71"35'51" EAST, 71.84 FEET, PM 2993) TO THE SOUTHEASTERLY CORNER OF SAID PARCEL B: THENCE LEAVING SAID NORTHERLY LINE ALONG THE EASTERLY LINE OF SAID PARCEL B NORTH 17"49'48'' WEST (RECORD NORTH 18'24'09" WEST, PM 2993), 519.41 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL B; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL B SOUTH 73'59'53" WEST (RECORD SOUTH 73'25'32" WEST, PM 2993) ,525.61 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 14'03'52" WEST, 91.84 FEET TO A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 534 FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15'45'00" , AN ARC LENGTH OF 146.79 FEET; THENCE SOUTH I"41'08'' EAST, 167.54 FEET; THENCE NORTH 87'13'37" EAST, 68.01 FEET; THENCE SOUTH 1'41'08t EAST, 179.15 FEET TO THE TRUE POINT OF PAGE 1 OF 2 C.M.W.D. 95-506 :DV M:\LEGALS\I102\018A04.DOC WO 110218 3/17/97 e 0 12 BEGINNING; THENCE CONTINUING SOUTH 1"41'08t' EAST, 40.00 FEET; THENCE NORTH 88"18'52" EAST, 150.44 FEET; THENCE NORTH 05"34'00" WEST, 40.09 FEET; THENCE SOUTH 88"1852" WEST, 147.73 FEET TO THE TRUE POlNT OF BEGINNING. CONTAINS 0.137 ACRE MORE OR LESS + -/6c q 3- /7-ci7 JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 C. M. W. D. 95-506 :DV M:\LEGALS\I 102\018A04.DOC WO 1 1021 8 3/17/97 q ~~- ELY LINE PAR 8 N 14" 03'52"E A= 15" 45 ' 00 " "- N 72" IO' 12"E NO. 4 ,EGEND K\ INDICATES SEWER EASEMENT DATA 0 147.73 N 88" 18'52"E @ 40.09 N 05"34'00"W @) PLANNING - ENGINEERING - SURVEYING 150.44 N 880 18'52"~ @ HUNSAKER & ASSOCIATES SAN DIEGO. INC. 40.00 N Ol"41'08"W @ LEN - /DIST - RADIUS ELTA/BEARING (619) 558-4500 - FAX (619) 558-1414 10179 HUENNEkZ'NS STREET - SAN DIECO. CA 92121 . DEDICAT~ON PLAT - an OF CARLSBAD PLICANT : A.P.N.: PROJECT PREPARED BY NARCH DEVELOPMENT 012 IVY GLENN DRIVE < . 270 212"040-53 SEWER EASEMENT %xkq 3-17-92 GiJNA NIGUEL, CA 92677 %HN w. HIu, JR. Ls- 5669 EXPIRES: 9/30/99 EXHiBIT " El" C.M.W.D. 95-506 -18- PF 110218 PLN !4015 s 0 e 14 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated A~P;L I5 19ci';B, from MONARCH COMMUNITIES OF CALIFORNIA, a California corDoration to the City of Carlsbad, California, a political corporation andlor governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred by Resolution NO. 9171 of the City of Carlsbad adopted on March 5, 1991, and the grantee consents to recordation thereof by'its duly authorized officer. DATED: 4 Qp i f.- 36j 193 7 I ALETHA L. RAdTENKRANZ, City Clerk CMWD 95-506 06/14/95 Rev. ... 4 . a e 15 STATE OF CALIFORNIA 1 COUNTY OF L?ffl?l?- !'So On y& I- ,'I/ 5'f /Tfy before m e &&5 , Kh&r ~,$6/i C- DATE ' NAME AhDFlTLE OF OFFICER personally appeared " Y" cf-A;cr efl~rzllb,fl . .I &$;Q N&~AE(S) OF SIG~~ER(S) personally known to me - OR - '' proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ware subscribed to the within instrument and acknowledged to me that heMe/they executed the same in -t..risfker/their authorized capacity(ies), and that byhishM€heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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