The URL can be used to link to this page

Home My WebLink AboutCP 3537; |Custodian FBO Inger J. Huber|First Regional Bank|; 2007-0761179; EasementDQC# 2007-0761179 RECORDING REG-JESTED BY 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 this document at no fee as it is to the benefit of the City (Gov. Code [6103]). DEC 07, 2007 4:34 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G DRY J. B MIT H, CO LI N T Y R E CO R D E R FEES 0.00 PAGES:8 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. Space above this line for Recorder's use. Assessor's Parcel No.: 206-200-03 Project No. & Name: CP 3537; NORTH AGUA HEDIONDA INTERCEPTOR SEWER REALIGNMENT CITY OF CARLSBAD WILLIAM E. PLUMMER, Deputy City Engineer GRANT DEED OF WASTEWATER PIPELINE EASEMENT FIRST REGIONAL BANK, CUSTODIAN FBO INGER J. HUBER ROTH IRA ACCOUNT# 003787 does hereby grant to City of Carlsbad, a Municipal Corporation, its successors and assigns, an easement for the purposes. Wastewater Pipeline 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, and transporting all wastewater flowing into said facilities. Said facility may include pipelines, and 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. 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 08/17/98 Rev 1 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^/ day of ^fz^^ff GRANTOR: First Regional Bank, custodian FBO Inger J. Huber Roth IRA account* 003787 Klosfslgnatory) BANK CUSTODIAN r Voiyi i MCIC;Lk; ,A yf :itle of siqnatOfy)' ^"^ (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: RONALD R. BALL City Attorney RD 08/17/98 Rev 2 ACKNOWLEDGMENT State of California County of San Diego On 27 August 2007 before me, Bethany Jo Smith, Notary Public (here insert name and title of the officer) personally appeared Inger Huber 'personally knownJgjriffor proved to mo on the basis of satisfactory evidence) to be the persons') whose nameCsTis^fe subscribed to the within instrument and acknowledged to me that he^het/they- executed the same in NsffTerfohetrauthorized capacity (ies), and that by his^fip/theif signature(sO 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. Signature mW4A Notoiy fubuc - CoiMomia | Son M«ao County (Seal) ACKNOWLEDGMENT State of California County of San Diego On 27 August 2007 before me, Bethany Jo Smith, Notary Public (here insert name and title of the officer) personally appeared Don Persichitti c^)ersonally known to mefor proved to mo on tho basis of satisfactory evidence) to be the person(s') whose name(s')(1s^afe subscribed to the within instrument and acknowledged to me tha^he^she/they executed the same ir/his^ier/their authorized capacity(ies), and that by(JTJsZhor/thoir signature(sO on the instrument the person(g), or the entity upon behalf of which the person(s') acted, executed the instrument. WITNESS my hand and official seal Signature •TOMMY JO MfNW Commttlon * 179*24*Notary PuMte - CoHfomta | Km DMoo County (Seal) EXHIBIT "A" LEGAL DESCRIPTION SERVIENT TENEMENT THE WESTERLY 75.00 FEET OF THE EASTERLY 225.00 FEET OF LOT 6, MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE THEREOF, IN BLOCK "D" OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 7, 1929. PARCEL 1 - SEWER EASEMENT A STRIP OF LAND, 20.00 FEET IN WIDTH, LYING WITHIN THE HEREINABOVE DESCRIBED SERVIENT TENEMENT, BEING 10.00 FEET NORTHEASTERLY AND SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHWESTERLY CORNER OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 03°49'22" EAST, 100.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE SOUTH 70«58'12" EAST, 77.72 FEET TO A POINT ON THE EASTERLY LINE OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT DISTANT THEREON NORTH 03049.32- EAST 98 29 FEET FROM THE SOUTHEASTERLY CORNER OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT. THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON SAID WESTERLY AND EASTERLY LINES OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT. AREA-1,554.43 SO. FT. January 31,2007 U:\ldata\surveys\5104surv\legals\5104 APN 206-200-03 EXB A ESMT.doc Page I of 1 LEGEND: PROPERTY LINE EXHIBIT "B" EASEMENT PLAT SHEET 1 OF 1 SHEET (A) CENTERLINE OF EXISTING 15' SEWER EASEMENT IN FAVOR OF THE CITY OF CARLSBAD REC'D. 3/5/64 AS F/P NO. 41720. O.R. (D CENTERLINE OF PROPOSED 20' SEWER EASEMENT. LINE L1 L2 L3 LENGTH 100.14 77.72 98.29 BEARING N03'49'22"E 570*58' 12"E N03'49'22"E ADAMS ST. D=7'55'27," R=550.00 L=76.QI TPOB (PCL 1) POB 77.26' N72'17'48"W SAN DIEGUITO ENGINEERING. INC. 4407 MANCHESTER, SUITE 105 ENCINITAS, CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING LEGAL DESCRIPTION: POR. LOT 6. BLK D, MAP 2152 NO. BASIS OF BEARINGS: THE SOUTHERLY RIGHT OF WAY LINE OF A PORTION OF ADAMS STREET PER ROS 15053; I.E. S86'07'25"E 160 J:\Ielato\surveys\5Iu4SURV\olwg\PLATS\5104_e06-200-D 3_Exhlblt_B,dwg 1/3172007 SDE 5104 CERTIFICATION FOR ACCEPTANCE DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated August 27, 2007. from First Regional Bank. Custodian FBO Inqer J. Huber Roth IRA Account #003787, 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: November 19. 2007 RRY^EISINGE^eputy First Regional Bank CERTIFICATE OF CORPORATE SECRETARY The undersigned certifies that he is the Secretary of First Regional Bank (the "Bank") and that, as such, he is authorized to execute this Certificate on behalf of the Bank and further certifies that the following is a true, correct, and complete copy of Resolutions in connection with the Bank's Custodianship of IRA and Keogh Accounts duly adopted at a meeting of the Board of Directors of the Bank, duly called and noticed, at which Meeting a quorum was present and acting throughout, and such Resolutions are in full force and effect on and as of the date hereof, not having been amended, altered, or repealed: "BE IT HEREBY RESOLVED, that certain officers of this Corporation be, and they hereby are, fully authorized and empowered to endorse, assign, transfer, convert, sell, set over, and deliver to any and all shares of stocks, bonds, debentures, notes, subscription warrants, stock purchase warrants, evidences of indebtedness or other securities, limited partnership interests, trust deeds, requests for reconveyance, certificates of beneficial interest, and, similar instruments in the name of First Regional Bank as Custodian for the Benefit of various IRA and Keogh Accounts, and to make, execute, and deliver, under the Corporate Seal of this Corporation or otherwise, any and all written instruments of assignment and transfer necessary or proper to effectuate the authority hereby conferred. BE IT FURTHER RESOLVED, that any one of the officers or employees empowered and authorized to execute said transactions be, and they hereby are: James Wagner; Paul Maxwell; Deletta Conners, Robert Campbell; T. J. Valenzuela; Harry Greenberg; Armando Vasquez; Lori Sackett; Jamie Dryden; Mark Nolan; Don Persichitti; and P. Arellano." AUTHORIZED SIGNATURES IN WITNESS WHERE6F, the undersigned has hereunto set his hand and affixed the seal of the Bank this 5th day of March, 2007. FIRST REGIONAL BANK Thomas McCullough, Secretary