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HomeMy WebLinkAboutCP 3537; |Jann N and Gita B|Sarkaria|; 2008-0499533; EasementDOC# 2008-0499533 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1 200 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 [61 03]). SEP 22, 2008 9:19 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 000 OC: NA PAGES: The undersigned grantor(s) declare(s): Documentary transfer tax is $ O.QO ( ) 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.: 206-171-03 Project No. & Name: CP 3537; NORTH AGUA HEDIONDA INTERCEPTOR SEWER REALIGNMENT CITY OF CARLSBAD E. PLUIvMERTDeputy City Engineer GRANT DEED OF WASTEWATER PIPELINE EASEMENT JANN N. SARKARIA TRUSTEE OF THE JANN N. SARKARIA REVOCABLE TRUST OF APRIL 19, 2002, AS TO AN UNDIVIDED 1/2 INTEREST AND GITA B. SARKARIA, A SINGLE WOMAN 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, 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, 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 including. 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. H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Wastewater Pipeline Easement 08/17/98 Rev 1 1846 Construction Easement: Those portions of the easement described as "Construction Easement" shall be temporary and expire upon the filing of a Notice of Completion for the sewer pipeline construction contract. 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 / %" day of GRANTOR: JANN N. SARKARIA TRUSTEE OF THE JANN N. SARKARIA REVOCABLE TRUST OF APRIL 19, 2002, AS TO AN UNDIVIDED V2 INTEREST AND GITA B. SARKARIA, A SINGLE WOMAN Jann N. Sarkaria, Trustee of the Jann. Sarkaria Revocable Trust $& GLORIA J. KEENE Sip NOTARY PUBLIC - MINNESOTA ^t**r My Commission Expires 1-31.2009 * VVVWVVVWWVWWvVVWVVVVVVVVVV « (sign here) Gita B. Sarkaria, a Single Woman (Notarial acknowledgment of execution of PROPE (title of signatory) 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 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Wastewater Pipeline Easement 2 08/17/98 Rev 1847 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On yjuanot' Date ' personally appeared before me, B, 1). F^ItU- A/dfe Here insert Iwne and Tula ol ihe Oni P. U. PARIKHComin.»1573346 NOTARY HIBUC-CAIfOmiASan Diego CountyMy Comm. Expires Apr. 26,21 who proved to me on the basis of satisfactory evidence to be the persontejf'whose nameisfis/aj** subscribed to the withjfi instrument and acknowledged to me that |^7s£e/th>^executed the same in hjks/her/tjjeif authorized capacity(j0s£ and that bytH^TFier/th^if signature^ on the instrument the personj^C or the entity upon behalf of which the person^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Abova WITNESS my hand and official seal. Signature OPTIONAL - Signature of Notary Public Though the information below is not rsquired by taw, it may prove valuable to persons relying on the documertf and could prevent fraudulent removal and reaitachment of this form to another document. Description of Attached Document Title or Type of Document. CJ^OL^ \\erA Document Date: l^lash Wiv f -f-Number of Pages; Signer(s) Other Than Named Above: —J«xn v\ [\(.. c Capacity(ies) Claimed by Signer(s) Signer's Name: __^ D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact fQ Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHTTHLMBPRINT OF SIGNEK Tbp of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited Q General D Attorney in Fact D Trustee Q Guardian or Conservator D Other: Signer is Representing: RIC5HTTHUMBPRINTOF SIGNER Top of tfiumo here ©2007 National Notary Assoctition• 9350 De Sc*J Avo., RO.Bc«2402 -Chatswonh.CA 91313-2402«www.Ni(ionalNotary.oi3 U*m «5907 RaoidflnCall ToII-Freo 1-800-676-6827 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: P.U. Parikh Commission Number: 1573346 Date Commission Expires: 4/26/09 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: VSI1 (Located on both sides of the notary seal border) Signature: IA/ J<~^/ * ^/ City of Carlsbad 0 Place of Execution: Office of the City Clerk/City of Carlsbad Date: September 18. 2008 Rec. Form #R10 (Rev.7/96) 1849 EXHIBIT "A" LEGAL DESCRIPTION SERVIENT TENEMENT LOT 3, IN BLOCK "A" 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. EXCEPTING THEREFROM THE WESTERLY 50.00 FEET THEREOF, SAID 50.00 FEET MEASURED AT RIGHT ANGLES TO THE WESTERLY LINE. 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 MOST SOUTHERLY CORNER OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT; THENCE ALONG THE SOUTHEASTERLY LINE THEREOF NORTH 26°07'52" EAST, 233.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 85°45'04" WEST, 140.61 FEET MORE OR LESS TO THE CENTERLINE OF A 15' SEWER EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED MARCH 5, 1964 AS FILE PAGE NO. 41721 OF OFFICIAL RECORDS. THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON SAID SOUTHEASTERLY LINE OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT AND ON THE NORTHEASTRLY SIDELINE OF SAID 15' SEWER EASEMENT. AREA = 2,592.69 SQ. FT. PARCEL 2 - TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT; THENCE ALONG THE SOUTHEASTERLY LINE THEREOF NORTH 26C07'52B EAST, 108.41 FEET TO THE NORTHEASTERLY SIDELINE OF A 151 SEWER EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED MARCH 5, 1964 AS FILE PAGE NO. 41721 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING;THENCE ALONG SAID NORTHERLY SIDELINE NORTH 33e07'39" WEST, 109.56 FEET; THENCE NORTH 51°09'57" WEST, 54.72 FEET; THENCE LEAVING SAID NORTHERLY SIDELINE NORTH 85°45'04" EAST, 171.02 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 26°07'52" WEST, 154.52 FEE THE TRUE POINT OF BEGINNING. AREA= 10,471.0880. FT. January 31,2007 U:\ldata\surveys\5104surv\legals\5104 APN 206-171-03 EXB A ESMT.DOC Page 1 of 1 PROPERTY LINE EXHIBIT "B" EASEMENT PLAT (A) CENTERLINE OF EXISTING 15* SEWER EASEMENT IN FAVOR OF THE CITY OF CARLSBAD REC'D. 3/5/64 AS F/P NO. 41715. O.R. (J) CENTERLINE OF PROPOSED 20' SEWER EASEMENT. (C) PROPOSED TEMPORARY CONSTRUCTION EASEMENT. SHEET 1 OF 1 SHEETS LEGAL DESCRIPTION: LOT 3. BLK A. MAP NO. 2152. EXCEPTING W'LY 50.00 FEET THEREOF BASIS OF BEARINGS: THE SOUTHERLY RIGHT OF WAY LINE OF A PORTION OF ADAMS STREET PER ROS 15053; I.E. r L S63'48'46"E 250.31' in ~f opto i 00 CM b>o <0 CM y'LY_ 50' 1 L & '\ 3 2 POR. LOT 3 A.P.N. 206-171-03 ?g 50' LINE TABLE LINE L1 L2 L3 L4 L5 L6 L7 LENGTH 233.95' 140.61' 108.41' 109.56' 54.72' 171.02' 154.52' BEARING N26'07'52"E S85'45'04"W N26'07'52"E N33'07'39"W N5T09'57"W N85'45'04"E S26'07'52"W 100 SAN DIEGUITO ENGINEERING, INC. 4407 MANCHESTER. SUITE 105 ENCINITAS, CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING POB (PCL 1 AND 2) U:\ldata\surveys\5104scirv\dwg\PLATS\5104_206-171-03 Exhibit B.dwg 01/31/07 SDE5104 7 1851 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF WASTEWATER PIPELINE EASEMENT dated August 18, 2008 from Jann N. Sarkaria Trustee of the Jann N. Sarkaria Revocable Trust of April 19, 2002, as to an undivided Vz interest and Gita B. Sarkaria, a single woman, 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: September 18. 2008 . SHERRY RftEISINGER,/D^uty Clerk (j3