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Home My WebLink AboutCMWD 97-254; Hunsaker Development Company LLC; 1997-0605485; Easement( REQUEST FORM FOR APPROVAL OF ACCEPTANCE OF GRANT DEED AND/OR SUBORDINATION AGREEMENT FOR WASTEWATER PIPELINE EASEMENT PURPOSES. 209-082-08 Assessor's Parcel No. Project Name and No. Hunsaker Carlsbad I, Parcel I. Parcel Map 15692@ Loker Ave. East and Sea Otter Place, CMWD 97-254 Type of Document -Grant Deed (1 )-Subordination Agreement (1) Easement -Grant Deed Developer/Owner: Subordination Agreement Developer/Owner: ~ Hunsaker Development Company, LLC, a California limited liability company Approved by: ~£.~ WILLIAM E. PLUMMER, P.E. District Engineer CMWD 97 -254 ~----- Beneficiary: 1st Business Bank, a California corporation Approved by: ~ldit:r;r General Manager 1111111111 IBIJU~ l~I fflll 11111111 DOC j 1997-0605485 • RECORDING REQUESTED BY Hunsaker Development Company, 'LLC " Dec 01~ 1997 3:30 lfFICIAI.. RECORDS PM AND WHEN RECORDED, PLEASE MAIL TO: Car1sbad Municipal Water District Engineering Department 5950 El Camino Real Car1sbad, 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].) The undersigned grantor(s) declare(s): Documentary transfer tax is $~ 1100 ( ) 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 Cansbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. r SAN DIEGO mMV RE~'S lfFICE G~60RY J. SMITH, COJHV REDJ:rtR FEES: 0.00 OC: NA Space above this line for Recorder's use. Assessor's Parcel No. _2...,.09=--0-=-=8=2-0-=-=8 ______ _ Project No. & Name 97-254, Hunsaker Carlsbad I, Parcel I, Parcel Map 15692,@ Loker Avenue East and Sea Otter Place CARLSBAD MUNICIPAL WATER DISTRICT --:; ?,~ _.,_ / X , •~ _ ,1 z -;✓-1,,/ tf{1--n. 1 1 ~a,,_,~--= WILLIAM E. PLUMMER, District Engineer GRANT DEED OF WATER LINE EASEMENT HUNSAKER DEVELOPMENT COMPANY, LLC, a California limited liability company does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, 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 a11y kind, whether above or below the surface of the ground. Said facillty may include pipelines, temporary 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 10/20/97 Rev. •:J 1101 ·_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 to and 'i, 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 lbf-dc, , 1997. GRANTOR HUNSAKER DEVELOPMENT COMPANY, LLC, a California limited llabili By:J~~ (sign here) ~ 1r~ld~ (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 COU SEL ' CMWD97-254 2 10/20/97 Rev. ' C 1102 EXHIBIT A CARLSBAD MUNICIPAL WATER DISTRICT ACCESS EASEMENT ON PARCEL-I, PM 15692, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 5, 1989. PURPOSE: EASEMENT FOR WATER LINE ACCESS OVER, ACROSS AND UNDER THE FOLLOWING DESCRIBED LAND. OUTSIDE LINES OF THE EASEMENT BEGINNING AT THE SOUTHEASTERLY POINT ON THE PROPERTY OF PARCEL-I, PM 15692, BEING THE POINT ON THE PROPERTY LINE AND THE OUTSIDE OF THE 20.00 FOOT EASEMENT AT A DISTANCE NORTH 6"37'13"EAST 65.08 FEET FROM THE SOUTHEASTERLY PROPERTY CORNER; THENCE NORTH 83"22'47" WEST 8.62 FEET; THENCE SOUTH 06" 37''.3" WEST 1.79 FEET; THENCE NORTH 83"22'47" WEST 23.62 FEET; THENCE NO~.TH 06'37'13" EAST 1.79 FEET; THENCE NORTH 83"22'47" WEST 60.65 FEET; THENCE SOUTH 52"37'23" WEST 80.58 FEET; THENCE SOUTH 87"52'23" WEST 114.91 FEET; THENCE SOUTH 02"07'37" EAST 5.12 FEET; THENCE SOUTH 87"52'23" WEST 20.00 FEET; THENCE NORTH 02"07'37" WEST 5.12 FEET; THENCE SOUTH 87"52'23" WEST 187.02 FEET; THENCE NORTH 26"06'30" WEST 139.39 FEET; THENCE SOUTH 63"53'30" WEST 69.40 FEET; THENCE NORTH 26"06'30" WEST 20.00 FEET; THENCE NORTH 63"53'30" EAST 69.40 FEET; THENCE NORTH 26"06'30" WEST 88.15 FEET; THENCE NORTH 52"38'30" EAST226.82 FEET; THENCE NORTH 37"21'30" WEST 15.03 FEET; THENCE NORTH 52"38'30" EAST 20.00 FEET; THENCE SOUTH 37"2 I '30" EAST 15.03 FEET ; THENCE NORTH 52"38'30" EAST 229.67 FEET ; THENCE SOUTH 37"21 '30"EAST 23.51 FEET; THENCE NORTH 52"38' 30" EAST 65.89 FEET TO THE SOUTHWESTERLY PROPERTY LINE OF SEA OTTER PLACE; THENCE ALONG THE SAID PROPERTY LINE SOUTH 27"53'4 l" EAST 20.28 FEET ; THENCE SOUTH 52"38' 30" WEST 35.88 FEET; THENCE SOUTH 37"21'30" EAST 2.61 FEET; THENCE SOUTH 52"38'30" WEST 20.00 FEET; THENCE NORTH 37"21 '30" WEST 2.61 FEET; THENCE SOUTH 52"38'30" WEST 6.68 FEET; THENCE SOUTH 37"21'30"EAST 242.93 FEET; THENCE NORTH 52"38'30" EAST 4.36 FEET; THENCE SOUTH 37"21'30" EAST 20.00 FEET; THENCE SOUTH 52"38'30" WEST 4.36 FEET; THENCE SOUTH 37"21 '30" EAST 34.31 FEET; THENCE SOUTH 18"54'30" WEST 157.95 FEET; THENCE SOUTH 52"37'23" WEST 21.10 FEET; THENCE SOUTH 83"22'47" EAST 68.56 FEET BEING THE CMW D 97-2.5-1 -i _.., 1103 POINT ON THE NORTHWESTERLY PROPERTY LINE OF LOKER AVENUE EAST; THENCE ALONG THE SAID PROPERTY LINE SOUTH 06'37'13" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING OF THE OUTSIDE OF THE EASEMENT. INSIDE LINES OF THE EASEMENT BEGINING AT SOUTHEASTERLY POINT ON THE PROPERTY CORNER OF P ARCEL-1, PM 15692, AT A DISTANCE NORTH 88°40'19" WEST 153.31 FEET; THENCE NORTH 0 l 019'4 l" WEST 42.23 FEET BEING THE TRUE POINT OF BEGINING OF THE INSIDE OF THE 20.00 FOOT EASEMENT ; THENCE SOlffH87°52'23" WEST 302.58 FEET ; THENCE NORTH 26°06'30" WEST 218.14 FEET; THENCE NORTH 52°38'30" WEST 440.07 FEET; THENCE SOUTH 37°21'30" EAST 310.05 FEET; THENCE SOUTH 18°54'30" WEST 141.19 FEET; THENCE SOUTH 52'37'23" WEST 118.05 FEET TO THE TRUE POINT OF BEGINNING OF THE INSIDE OF THE EASEMENT. AREA : 36846.37 SQ. FT. G.846ACRES PREPARED BY DATE: ROBERT BRICE SERVICE L.S.4456 CMW D ~7-2. 5~ (' z Is) O'l 0 <n_ ~ 0 I 1 GRAPHIC SCALE so 100 I I < IN FEET ) Inch = 100 ft. ~ '------1....1,.."--...=;.;.~,.-:ii;~ C"' q 200 I PARCEL 1 . PM15692 CAfLSBAD OAKS EXHIBIT B WATER MAIN EASEMENT PARCEL-1, PM 15692 PREPARED BY 0 ~-zfi:~ /4-2"-97 ROBERT B. SERVICE L.S. 4456 EXP. 9/30/01 CONSTRUCTION TESTING & ENGINEERING Hl• VINEYARD AVENUE, STE C ESCONDIDO CA 92029 (TIO) 7'8-41155 SOUTHEASTERLY PROPERTY CORNER PREPARED FOR: BRIAN HUNSAKER 17761 MITCHnL NORTH IR\JINE, CA 92714 CMWD C 1105 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated {Jc I. .;1_ q , 19 q? from HUNSAKER DEVELOPMENT COMPANY. LLC. a California limited liability company to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authorized officer. DATED: Nov. 12. 199 2 , KRANZ, Secretary CMWD 97-254 11/03/97 Rev. STATE OF CALIFORNIA COUNTY OF 0f:A:N6~ l ~ss. ) .., 1106 On_l_0·_2-'1 ____ ·.....,4 ..... J __ DATE before me, _lo., __ L.Lre-__ \_f::--_. _+--\os __ f-l.,..,.N~.,...,.t=~,...,.~.,...,.ND,,...,, r=1r=-~=-E =oF=-~=--~.,..,.ic---cE=~--/c_·e,-, _____ ,,_ personally appeared ___ Rt....;;;ch_a..n_c;(,,-"-=u_ ....... H ..... LL~Vl=G:....;._tl.:...:.lc--_er=-=--=-,--,,-..,...,.-:.--=-------------------- NAME(S) OF SIGNER(S) personally known to me• OR • .. proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~d,wid0:~ IGNATUREOF NOTARY I* a o a o •LA~t~ ♦, .. @ C0tJM # UW1S22 I I ••• . Notary PLt,le -Collfamla -,, A 0RNGE COUNIV J .. ;.. Mv Comm. ·JCl)i'•JUN i6. 1991 I ................ · (This area for official notary seal.) Title or Type of Document ______________________________ _ Date of Document _______________ No. of Pages ______________ _ Signer(s) other than named above ____________________________ _ CMWD 97-254 06/14/95 Rev. STATE OF CALIFORNIA 1 ~ss. COUNTY OF __ O_AA ___ t-J_§ ...... E... __ _,J -.... .) 1107 On l02.q. q7 ___ D ...... AT._E_.__. ___ _ before me, La.Llfef E. Hostett e,: No+a.ry l'ub( (C,..; _ __ .;;..;;.;;.....;;;;...;....._ __ _...;.....,.,N:-:-AM:-:=-E-:-AN,.,.,D""'T""'l""'TL~E;-,0..,,F,...O""F:-=Fl""'C'='ER=--.,__ __________ _ personally appeared -----'--R""'""._E,r=-.;;....;.ia.;;;..;;.;...V]-1---tf~l)J:154=---=~,.,.,W~~~=-==-=------------- NAME(S) OF SIGNER($) personally known to me• OR • .. proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (This area for official notary seal.) Title or Type of Document ______________________________ _ Date of Document ______________ No. of Pages ______________ _ Signer(s) other than named above---------~------------------- CMWD 97-254 06/14/95 Rev.