The URL can be used to link to this page

Home My WebLink AboutCMWD 98-501; Barber Declaration Trust; 2000-0673972; EasementDOC ?2000-0673972 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].) Dee 12s 2000 4:2l. fx-l WFICIAL RECORDS MN DIEElI COUNTY RECO8DER’S OFFiCE GREGORY J. WTH, IXHNTY RECORDER FEES: 0.00 OC: WI I L / 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.: 299-969-56 & 57 Project No. & Name: CMWD 98-501 BARBER PROPERTY, 19” WATER PIPELINE, REACH SUNNYCREEK SUBDIVISION TO COUGAR DRIVE CARLSBAD MUNICIPAL WATER DISTRICT (-,3hm WILLIAM E. PLUMMER, Deputy City Engineer GRANT DEED OF WATER PIPELINE EASEMENT Ross G. Barber, Trustee and Linda A. Barber, Trustee of the Barber Declaration of Trust dated January 17, 1986 as to an undivided % interest and Mabel L. Barber, Trustee under Trust dated October 19, 1989 or the Successor Trustee thereof, as to an undivided ‘$4 interest 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, transporting 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, 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, and 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, nor trees planted, nor may the easement be used by the Grantor or any Eng\WordVvlasters\Forms\Grant Deed of Water Line Easement 08/l 7198 Rev. 1 . . * m h 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. Moderate leveling up to five (5) ft over existing grade, concrete curbs, gutters, sidewalks, parking lots and pavement are acceptable over the said easement with the express written approval of Grantee, which shall not be unreasonably withheld. Fences may cross the easement provided gates are installed to allow vehicle access for water pipeline maintenance. The construction easement portion of said easement, as further described in Exhibits’ “A” & “B”, is temporary and shall terminate upon acceptance of the construction work by 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 2% day of -000 . f7 GRANTOR: Ross G. Barber, Trustee and Linda A. Barber, Trustee of the Barber Declaration of Trust dated January 17, 1986 as to an undivided ‘/z interest and Mabel L. Barber, Trustee under Trust dated October 19,1989 or the Successor Trustee thereof, as to an undivided % interest By: By: I./ (sign here) By: 7iw&2e (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: RONALtR. BALL, GENERAL COUNSEL By: I\-- ;3;3-- DAM N B. BROWER, Deputy General Counsel Eng\Wordibtasters\Fors\Grant Deed of Water tine Easement 08/l 7190 Rev. .’ . State of California County of 5WJ 1 ss. , before me, 0 E CARLCN, NotARY WC ’ Date , Name and Title of Officer (e.g., “Jane Doe, Notary Public”) personally appeared ~&DC\ L &be”: b fi mm, kid& f&q & Name(s) of Signer(s) q personally known to me *roved to me on the basis of satisfactory evtdence to be the person(s) whose name(s) i&are subscribed to the within instrument and acknowledged to me that t-&sh&they executed the same in w&their authorized capacity(ies), and that by b&k&heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) instrument. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: U Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact Cl Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1999 Natnnal Notary Association * 9350 De Soto Ave.. P.O. Box 2402 *Chatsworth, CA 913152402 * w.nat~onalnotaryo~ Prod No. 5907 Reorder: Call Toll-Free 1-800-676-6627 1529 Water Easement revised 843-00 lof 1 EXHIBIT “A” (Barber Trust Property) An easement for the construction, operation and maintenance of a public water main and appurtenances under, along and across a portion of Lot B of the Ranch0 Agua Hedionda, in the City of Carl&ad, 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: A strip of land 25.00 feet in width lying 7.00 feet Northerly and Northeasterly and 18.00 feet Southerly and Southwesterly, measured at right angles, and parallel with the following described line. Commencing at an angle point in the boundary of the “Remainder Parcel” as shown on Carlsbad Tract No. 83-36 according to Map thereof No. 11242 recorded May 23, 1985, in the Office of said County Recorder, said angle point being the Southwesterly terminus of that certain course shown as North 20’47’25” East, 2025.13 feet on said Map No. 11242; thence along the Southwesterly prolongation of that certain course South 2OO47’25” West, 23.19 feet to the True Point of Beginning; thence North 41’27’44” West, 109.46 feet to the beginning of a tangent 400.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 28’51’28” a distance of 201.47 feet; thence tangent to said curve North 70°19’12” West, 18.28 feet to the boundary of said “Remainder Parcel”. The sidelines of said strip of land are to be lengthened or shortened to begin in a line that bears North 20’47’25” East through the True Point of Beginning and terminate in the boundary of said “Remainder Parcel”, said boundary bears North 20’49’45” East. Said easement contains 8,236 more or less square feet. A strip of land lying 10.00 feet each side of, measured at right angles, and parallel with the sidelines of the above described Parcel 1. This legal description and plat attached hereto by me or under my direction. L-5.4539 Francis W. Fitzpatri& L. S. 4539 License expires Sept. 30,2002 and ma& aP=t of this document were prepared C.T. 83-36 UNIT NO. 1 MAP NO. 11242 PLAT OF WATER EASEMENT (BARBER TRUST PROPERTY) REMAINDER PARCEL 5 PER LOT B AGUA R. OF HEDIONDA s. 517 Lop 00 ’ 4 n \ on w9 R ANCHO PER LOT B AGUA R. OF \ \ HEDIONDA I s. 517 I \I 4 \ R. OF S. 4223 \ \ \ h 0 ’ 100 \ / \ \ \ SCALE: 1 “= 100 ,&Q” ’ 34 200 300 7 400 1 c s .A L l%4539~ -- 1 I I I I -I t I I I GRAPHIC SCALE 1469\1469Couaorl73100 MANITOU ENGINEERING COMPANY PLANNING * CONSULTING ENGINEERING - SURVEYING 350 WEST NINTH AMNUE. ESCONOIW. CALIFORNIA 92025 TELEPHONE (760) 741-9921 FRANK W. FITZPATRICK L.S. 4539 R -04 -00 ,., -_- h CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated Auaust 26, 2000, from Ross G. Barber & Linda A. Barber, to the Carlsbad Municipal Water District, is hereby accepted by the Board of Directors of the Carlsbad Municipal Water District, California, pursuant to Resolution 1106, adopted on October 17, 2000, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: December 4, 2000 --- / -OR I Nl!t M.WOOD, SECRETARY