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HomeMy WebLinkAboutCP 3537; Sarkaria Daljit S and Elaine; 2008-0204255; EasementDOC# 2008-0204255 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 17, 2008 11:10 AM 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.: 206-172-05 Project No. & Name: CP 3537; NORTH AUGA HEDIONDA INTERCEPTOR SEWER REALIGNMENT CITY OF CARLSBAD ILLIAM E. PLUMMER, Deputy City Engineer GRANT DEED OF WASTEWATER PIPELINE EASEMENT DAL JIT S. S ARK ARIA AND ELAINE SARKARIA, CO-TRUSTEES OF THE DAL JIT S. SARKARIA AND ELAINE SARKARIA FAMILY TRUST DATED APRIL 23, 2007 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. Said facility includes a subterranean pipeline structure only. The use shall include a reasonable 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, 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 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Wastewater Pipeline Easement 08/17/98 Rev 1 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 3-f day of GRANTOR: Daljit S. Sarkaria and Elaine Sarkaria (sign here) OWNER (title of signatory) (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 RONALD KEMP, DeputMCity Attorney H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Wastewater Pipeline Easement 2 08/17/98 Rev EXHIBIT "A" LEGAL DESCRIPTION SERVIENT TENEMENT LOT 3, 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 MOST WESTERLY CORNER OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 51°56'16" EAST, 161.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE SOUTH 28°09'02" EAST. 355.29 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT DISTANT THEREON NORTH 51°56'22" EAST, 123.36 FEET FROM THE MOST SOUTHERLY CORNER THEREOF. THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON SAID NORTHWESTERLY AND SOUTHEASTERLY LINES OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT. AREA = 7,105.90 SO. FT. January 31,2007 U:\ldata\surveys\5l04surv\Iegals\5l04 APN 206-172-05 EXB A ESMT.doc Page 1 of 1 LEGEND: 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. 41717, O.R. (?) CENTERLINE OF PROPOSED 20' SEWER EASEMENT. SHEET 1 OF 1 SHEET LEGAL DESCRIPTION: LOT 3, 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 LOT 3, BLK D, MAP NO. 2152 A.P.N. 206-172-05 Tp°B..x L ' N34'18'38"W 350.74' LINE TABLE LINE L1 L2 L3 LENGTH 161.57 355.29 123.36 BEARING N5r56'16"E S28*09'02"E S5r56'22"W SAN OIEGUITO ENGINEERING. INC. 4407 MANCHESTER. SUITE 105 ENCINITAS. CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING 80' 160 Ui\lola-ta\surveys\5104SlJRV\clwg\PLATS\5104_206-172-G5_Exhlblt_B.dwg 1/31/2007 SDE5104 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of QC(\C\Qt On_ Date personally appeared before me, Here Insert Name and Title of the Officer \Cv df\c) Eicbfvt 5 Name(s) ot Signer(s) i—t 1685081 I NIRAJ PATEL Commission #1685081 Notary Public - California Orange County My Comm. Expires Jul 30,201 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)isj(|r^ subscribed to the within instrument and acknowledged to me that he/she$;he^ executed the same in his/her/r^ej^)authorized capacityyg§j), and that by his/her/H^ej^signature© on the instrument the persor((s)i or the entity upon behalf of which the person(f) 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 Above WITNESS my hand and official s-eal. Signature lotary 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(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:, RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association• 9350 De Solo Ave., P.O.Box 2402• Chatsworth,CA 91313-2402-www.NationalNotary.org Item #5907 Reorder:CallToll-Free 1-800-876-6827 CERTIFICATION FOR ACCEPTANCE DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated March 25. 2008. from Sarkaria 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: April 14. 2008 SHERRY F INGER, Deputy fyerk "Mill**