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HomeMy WebLinkAboutCP 3537; Gilligan, Michael J; 2008-0199432; EasementDQC# 2008-0199432 RECORDING REQUESTED 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]). APR 15, 2008 2:39 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 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.: 206-200-02 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 Michael J. Gilligan, an unmarried man 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. 08/17/98 Rev 1 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 2^ day of 200?. GRANTOR: J. Gilligan e of grantor) /(sign here) OWNER (title of signatory) (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 By: RONAIID KEMP, Deputy dty Attorney 08/17/98 Rev 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT <j&eGc<3gce!&@ee<sc<ac^^ State of California County of _ Date personally appeared before me, x\ r ai&\HT<q anl^g^-jg^ Signer(s) fie and Title o! tHere Insert Nafie and Title o! the Offi 1CommJMlon* 177382* Notary Public • California f ton M«ao County ' iOcnS.2011 I who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Seal Above WITNESS/c Signature OPTIONAL - and andMicial seal. S-onature o' Notary Pubhc 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: L^l / CLf' I Document Date: G>\/c*-Q J^OU fl Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: H^^ 3- .": Corporate Officer — Title(s): . Partner — Limited General . Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Signer's Name: Individual Corporate Officer — Title(s): Partner — Limited ... General Attorney in Fact .. Trustee . Guardian or Conservator Other: RIGHTTHUMBPRINTOF SIGNER Signer Is Representing:^ ©2007 National Notary Association-9350 De Soto Ave PO.Box 2402 • Chatsworth. CA 91313-2402• ivww NationalNotary org Item sJ907 Reorder Call Toll-Free 1 -800-876-682~ CERTIFICATION FOR ACCEPTANCE DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated February 29, 2008 from Michael J. Gilligan 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: April 7. 2008 ShjERRY f RtlSINGER, Def>utV Clerk „ EXHIBIT "A" LEGAL DESCRIPTION SERVIENT TENEMENT THE WESTERLY 75.00 FEET OF THE EASTERLY 300.00 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 ABOVE DESCRIBED PROPERTY THE HEREINABOVE DESCRIBED SERVIENT TENEMENT; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 03°49'22" EAST, 101.99 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 03°49'22" EAST, 100.14 FEET FROM THE SOUTHEASTERLY CORNER THEREOF. 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 SQ.FT. January 31,2007 U:\ldata\surveys\5104surv\legals\5104 APN 206-200-02 EXB A ESMT.doc Page 1 of 1 LEGEND: PROPERTY LINE EXHIBIT "B" EASEMENT PLAT CENTERLINE OF EXISTING 15' SEWER EASEMENT IN FAVOR OF THE CITY OF CARLSBAD REC'D. 3/5/64 AS F/P NO. 41719, O.R. CENTERLINE OF PROPOSED 20' SEWER EASEMENT LINE L1 L2 L3 LENGTH 101.99 77.72 100.14 BEARING N03'49'22"E S70'58'12"E N03'49'22"E ADAMS ST. 0=6-11'39" R=<550 00' L=78,66' FOB 77.26' N7Z17'48"W SHEET 1 OF 1 SHEET LEGAL DESCRIPTION: POR. LOT 6, BLK D, MAP NO. 2152 BASIS OF BEARINGS: THE SOUTHERLY RIGHT OF WAY LINE OF A PORTION OF ADAMS STREET PER ROS 15053; I.E. S86'07'25"E SAN DIEGUITO ENGINEERING, INC. 4407 MANCHESTER, SUITE 105 ENCINITAS, CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING = 80' 160 U:\ldatcx\surveys\5104SURV\dwg\PLATS\5104_206-200-02_Exhibit_B.dwQ1/31/2007 SDE5104