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HomeMy WebLinkAboutCP 5500; Ponderosa Country Homeowners Association; 2009-0420271; EasementDOC# 2009-0420271 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]). JUL28, 2009 4:19 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER. COUNTY RECORDER FEES: 0.00 OC: NA PAGES: Space above this line for Recorder's use. 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. Assessor's Parcel No.: 215-561-49 Project No. & Name: CP 5500 LA GOLONDRINA HDD SEWER EXTENSION CITY OF CARLSBAD WILLIAM EVPLUMMER, Deputy City Engineer GRANT DEED OF WASTEWATER PIPELINE EASEMENT PONDEROSA COUNTRY HOMEOWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION does hereby grant to City of Carlsbad, a Municipal Corporation, its successors and assigns, an easement. 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, storing, transporting, pumping antl treating 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, but not limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other protective facilities and devices. The use shall also include a means of access H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Wastewater Pipeline Easement 1 08/17/98 Rev 13530 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 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 i i day of 0 l 2001. - GRANTOR: PONDEROSA COUNTRY HOMEOWNERS ASSOCIATION (name of grantor) (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 By: RONALD KEMRrOaputy City Attorney~~ H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Wastewater Pipeline Easement 08/17/98 Rev 2 13531 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 0<<^C^CC<C<><7C'<>?>C>C<XXX?CX^C^^ State of California County of On c (\ personally appeared before me,Vcvxxse ' f ft. L . I Here Insert Name fend Title ot the Officer i IROSES FONSfCA CommlMton* 177332* Notary Public • California | San Diego County 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. WITNESSjnv hand and official seal. C -T Place Notary Sea! Above Signatu 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: Individual Corporate Officer — Title(s): Partner — Limited I i General Attorney in Fact Trustee , Guardian or Conservator i Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Signer's Name: Individual Corporate Officer — Title(s): Partner — i l Limited ,_ ! General Attorney in Fact Trustee i_j Guardian or Conservator i ! Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER (c) 2007 National Notary Association- 9350 De Soto Ave., RO. Box 2402-Chatsworth. CA 91313-2402-wwvv.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of on ~V before me, rtjciit; personally appeared \j \ C ADV I C^ W i . Here Insert Name atid Title of the Officer Name(s) of Signer(s) ROSE S. FONSECA f Commission * }77S329 I Notary Public • California i San Oteao County - MrConmB<p>e*OcHS.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. Place Notary Seal Above WITNESS Signature land and official seal. O Signature of Notary 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: U Individual LJ Corporate Officer — Title(s): C Partner — i i Limited H General ,.J Attorney in Fact U Trustee n Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual n Corporate Officer — Title(s): D Partner — U Limited ill General I..] Attorney in Fact D Trustee D Guardian or Conservator n Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER ©2007 National Notary Association • 9350 De Solo Ave.. P.O. Box 2402 • Chatsworth. CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION VESTING: PONDEROSA COUNTRY HOMEOWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION APN: 215-561-49 THAT PORTION OF LOT 254 OF MAP 10257 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED NOVEMBER 4, 1981 AS FILE NO. 81-349500,IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A 20' WIDE STRIP OF LAND LYING 10' EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING SOUTHEASTERLY CORNER OF SAID LOT 254; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 254 NORTH 00<43'15" EAST (RECORD NORTH 00°4216" EAST) 281.87 TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 250.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 49°47'57" EAST AND THE TRUE POINT OF BEGINNING OF SAID CENTERLINE; THENCE LEAVING SAID WESTERLY LINE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 11'04" AN ARC LENGTH OF 61.89 FEET ; THENCE NORTH 26°00'59" EAST225.14 TO THE SOUTHEASTERLY CORNER OF LOT 180 OF SAID MAP 10257 BEING A COMMON CORNER WITH LOT 181 OF SAID MAP 10257 AND THE TERMINUS OF SAID OENTERLINE. SIDELINES OF SAID 20.00 FOOT WIDE STRIP TO BE EXTENDED OR FORESHORTENED TO THE WEST TO TERMINATE ON SAID WESTERLY LINE OF LOT 254 AND TO THE NORTH TO TERMINATE ON THE SOUTHWESTERLY LINE OF SAID LOT 180 AND THE SOUTHERLY LINE OF SAID LOT 181. CONTAINING 5,765 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT 'B'. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SIGNATURE LICENSED LAND SURVEYOR DATE /*/>/•// ?/, NOTE: ALL DIMENSIONS HEREON ARE COMPILED RECORD DATA. SHOWN FROM r"V/l IIOITLXrllDi I ASSESSORS' PARCEL NO.: 215-561 -49 EXISTING 10' WIDE WATER EASEMENT REC. 11/30/1977 AS DOC. NO. 77-492805 O.R. SCALE EXISTING 10 WIDE DRAINAGE EASEMENT REC. 2/14/1977 AS F/P 77-055023 O.R. 225 ACCESS, USE AND ENJOYMENT EASEMENT, AND ANTENNA EASEMENT REC. 12/23/1983 AS F/P 83-468957 O.R.. EXACT LOCATIONS CANNOT BE DETERMINED FROM RECORD. OF BEGINNING OPEN SPACE EASEMENT REC. 10/23/78 AS F/P 78-451369 O.R. COMMENCEMENT DENOTES AREA OF EASEMENT ACQUISITION 5,765 SQUARE FEET MORE OR LESS EXISTING 10' WIDE FLOWAGE EASEMENT REC. 2/11/1977 AS F/P 77-052999 O.R. THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT MICHAEL L. SCHLUMPBERGER, PLS 7790 Right-Of-Way Engineering Services, Inc. Land Surveying 615 South Tremont Street • Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 Drawing file name: La Golondrina Easement 215-561-49.dwg Job No. 0705-0043-11 CITY OF CARLSBAD VESTING: PONDEROSA COUNTRY HOMEOWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION DATE: APRIL 21, 2009 SHEET 1 OF 1 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated July 17. 2009. from Ponderosa Country Homeowners Association, 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: July 23. 2009 SHER / EISINGER, Depjjty Clerk (SEAL)