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Home My WebLink AboutCP 3537; Huber Family Trust; 2007-0761180; EasementDQC# 2007-0761180 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]). DEC 07, 2007 4:34 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 RY J S MIT H. CO U N TY R E CO R D E R FEES: 0.00 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.: 206-200-04 Project No. & Name: CP 3537; NORTH AGUA HEDIONDA INTERCEPTOR SEWER REALIGNMENT CITY OF CARLSBAD WILLIAIvfl. PLUMMER, Deputy City Engineer GRANT DEED OF WASTEWATER PIPELINE EASEMENT HUBER FAMILY TRUST 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 water 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._^2-Executed by the Grantor this &/ day of GRANTOR: HUBER FAMILY TRUST Inger J. Huber (name_gf grantor) ( 7(sign here) (title of signatory) (sign here) (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 ^.RONATD KEM>, DeputyCity Attorney^f:> uty\Cit 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 known to mejjpr proved to me on the basis of satisfactory evidence) to be the persons') whose name(^fjs5$afe subscribed to the within instrument and acknowledged to me that hefsjheZthey-executed the same in-hfs^Fje^thetrauthorized capacity(ias), and that by-+H^he^theirsignature(aO 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 1MIHMff JO MOTH CommHton * 173W4* MrtwyPuWta-CeHlfomto f Son Motfo County (Seal) EXHIBIT "A" LEGAL DESCRIPTION SERVIENT TENEMENT THE WESTERLY 75.00 FEET OF THE EASTERLY 150.00 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, 98.29 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE SOUTH 70°58'12" EAST, 55.75 FEET; THENCE SOUTH 39°42'26" EAST, 22.38 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 WESTERLY AND EASTERLY LINES OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT AND ON THE NORTHERLY SIDELINE OF SAID 15' SEWER EASEMENT. AREA =1,349.19 SQ.FT. PARCEL 2 - TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT; THENCE ALONG THE EASTERLY LINE THEREOF NORTH 03°49'22" EAST, 93.32 FEET TO THE NORTHERTERLY SIDELINE OF SAID 15' SEWER EASEMENT AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY SIDELINE NORTH 84°42'26" WEST, 75.02 FEET TO THE WESTERLY SIDLINE OF SAID SERVIENT TENEMENT; THENCE ALONG SAID WESTERLY SIDELINE NORTH 03°49'22" EAST, 31.94 FEET; THENCE LEAVING SAID WESTERLY SIDELINE SOUTH 70°58'12" EAST, 8.11 FEET; THENCE SOUTH 84°42'26" EAST, 67.20 FEET TO SAID EASTERLY LINE OF SAID SERVIENT TENEMENT; THENCE ALONG SAID EASTERLY LINE SOUTH 03°49'22" WE5 30.01 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM PARCEL 1 HEREINABOVE DESCRIBED. AREA = 909.08 SQ. FT. January 31,2007 U :\ I data\surveys\5104surv\legals\5104 APN 206-200-04 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. 41721, O.R. CENTERLINE OF PROPOSED 20' SEWER EASEMENT. PROPOSED TEMPOARY CONSTRUCTION EASEMENT 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 LINE TABLE LINE L1 L2 L3 L4 L5 L6 17 L8 L9 LENGTH 98.29' 55.75' 22.38' 93.32' 75.02' 31.94' 8.11' 67.20' 30.01' BEARING N03'49'22"E S70'58'12"E S39*42'26"E N03'49'22"E N84'42'26"W N03*49'22"E . S70'58'12"E S84'42'26"E S03'49'22"W TPOB (PCL 1) POB 77.26' N72'17'48"W SAN OIEGUITO ENGINEERING, INC. 4407 MANCHESTER. SUITE 105 ENCINITAS. CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING 100 (J:\lola-ta\surveys\5104surv\dw9\PCATS\5104_206-200-0 _txhibit_B.dwg 1/31/2007 SDE5104 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 Huber Family Trust, 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