HomeMy WebLinkAboutCP 5509; Mc Mahan Furniture Company; 2011-0521143; EasementDOCtt 2011-0521143
RECORDING REQUESTED FOR THE
BENEFIT OF THE CITY OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAIL TAX EXEMPT STATEMENTS TO:
EXEMPT
OCT05, 2011 1:22 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg, Jr.. COUNTY RECORDER
FEES: 0.00
OC NA
PAGES:8
Lift Station and Force Main
Replacement Project
SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) dec\are(s):nf) Assessor's Parcel No.: 155-200-04
Documentary transfer tax is $0.00 p\ Project ID: CP 5509
( ) computed on full value of property conveyed, or Project Name: Homeplant Sewer
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Carlsbad, and
GRANT DEED OF WASTEWATER PIPELINE EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Me Mahan Furniture Company, a California corporation
the owner of real property described herein located in the City of Carlsbad, San Diego County,
California hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carlsbad, County of San Diego, State of California:
an easement for a Wastewater Pipeline.
PURPOSES the construction, operation, repair, reconstruction and all activities necessary to
construct, reconstruct, operate, maintain and repair a pipeline designed for the general purpose
of transporting wastewater. Said facility shall be constructed, maintained and operated by
trenchless means across Grantors property. No trenching activity or disruption to existing
surface improvements shall occur as a result of the construction and operation of said pipeline
except in the event of an emergency.
Grantee herein agrees that the wastewater pipeline easement shall be subject to Grantor's
existing and future structures and facilities; provided, however, that such future structures and
facilities shall not be incompatible with the City of Carlsbad's exercise of its rights under the
easement granted hereunder. In the event that the future use of Grantee's easement by
Grantee shall at any time necessitate a rearrangement, relocation or reconstruction of Grantor's
facilities, the same shall be performed at the cost of Grantee. Except in the event of an
emergency, Grantee shall provide twenty (20) business days notice to Grantor prior to
constructing, reconstructing, operating, maintaining or repairing Grantee's facilities.
Reserving to Grantor, among the other rights set forth herein, the unrestrained right of ingress
and egress, including vehicular access, to, from, along and within the Easement Area by a
practical route or routes, in, upon, over and across the Property to access the real property
owned by Grantor more particularly described in Exhibit "A" attached hereto and made a part
hereof.
The easement granted herein shall be located within and upon the properties more particularly
described as Parcel "A" in Exhibit "A" and Exhibit "B" attached hereto and by this reference
made a part hereof.
Q:\EngineeringShared\Capital Improvement Program Projects\5509 Home Plant Lift Station Replacement\Easements\McMahon SEWR PIPELINE
EASEMENT.docx REV 4/15/10
OWNER:
By: _
turn i
DATED
(Sign Here)
AA.
(Print Name Here)
President ,T... .
V ' ltle'
By:_
(Sign Here)
Elaine Parsons
, (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY
OWNER(S) MUST BE ATTACHED.)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND
THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN
FOR CORPORATE EXECUTIONS OF THIS DOCUMENT.
ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE
BOARD OF DIRECTORS THAT IS SIGNED BY THE
SECRETARY OR ASSISTANT SECRETARY OF THE
CORPORATION, UNDER CORPORATE SEAL
SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN
BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT
AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS
MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION
OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR
ATTORNEYS WITH RESPECT THERETO.
(Print Name Here)
Secretary
(Title)
Q:\EngineeringShared\Capilal Improvement Program Projects\5509 Home Plant Lift Station ReplacementtEasements\McMahon SEWR PIPELINE
EASEMENT.docx REV 4/15/10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County
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personally appeared txlfU'iv*_ i flT^/yCS
re Insert Name and Title ol tfi
JENNIFER LYNDON
Commission # 1866902
Notary Public - California
San Diego County
My Comm. Expires Oct 2, 2013
Place Nolary Seal Above
who proved to me on the basis of«atisfactory evidence to
be the person(s) whose name(^Js/are subscribed to the
instrument and acknowledg&d to me that
p executed the saraain hisVtje)/their authorized
capacity(ies), and that by hidl^Te^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.
WITNESS my hand and official seal.
Signature.
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Title or Type of Document: (
Document Date: •
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Number of Pages: -5" /"
Signer(s) Other Than Named Above: V / A
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:
RIGHTTHUMBPRINT
OF SIGNER
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Signer Is Representing:.
Signer's Name:
D Individual
D Corporate Officer — Titie(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
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O 2007 National Notary Association • 9350 De Soto Ave.. P.O.Box 2402 • Chatsworth. CA 91313-2402 • www.NationalNotary.org Item S5907 Reoroer Call Toll-Free 1 -800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of J*3-
e 2 i 3>DI\ before me,12UQ o ^ . olOM before me, K-e^ ^ LJ 0
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personally appeared H*cKar<j /4 . rf\c,YV\a. \na
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Insert Name and Titte of the Officer
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Name(s) 0, Slgner(s)
PEGGY DELANO
Commission * 1840459
Notary Public • California
S«n Ditflo County
My Comm. Expfru Mir 14.^2013
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.
WITNE
Place Notary Seal Above Signature
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Capacities) 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:.
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Signer's Name:
D Individual
D Corporate Officer — Title(s):
D Partner — D Limited O General
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D Trustee
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O2007Nattof^N«aryAssoda8OT«9KOr^SotoAm,RO.B<K24(ffi«Omtswoi1h,CA 91313-2402'Www.NaflonalNotary,org ltem#5907 Reorder,CallToU-Ftee 1-800-876-6827
EASEMENT.docx REV 4/15/10
EXHIBIT "A"
LEGAL DESCRIPTION
SEWER EASEMENT
Parcel "A"
Being a strip of land, 20 foot wide, lying within that portion of Lot 18 of Seaside Lands,
in the City of Carlsbad, County of San Diego, State of California, according to Map
thereof No. 1722, filed in the Office of the County Recorder of San Diego County on July
28, 1921, said portion lying east of the east line of that certain right-of-way conveyed to
the State of California, by deed dated May 14, 1934, and recorded August 20,1934 in
Book 316, Page 309 of Official Records, and northwesterly of a line that is parallel with
and distant 185 feet at right angles northwesterly from the dividing line between Lots 17
and 18 in said Seaside Lands Map No. 1722;
Also that portion of the southwesterly half of "State Highway" as shown on said Seaside
Lands Map No. 1722, adjoining the above described parcel of land on the northeast,
closed to public use on November 9,1931 by order of the Board of Supervisors of said
County, a certified copy of which order was recorded November 16,1931 in Book 69,
Page 23 of Official Records in the Office of the County Recorder of San Diego County;
Said strip of land being more particularly described as follows:
Beginning at the most southerly corner of the above described portion of Lot 18, as
shown on Record of Survey Map No. 18944 filed August 25, 2005 as File No.
2005-738332 in the Office of the County Recorder of said County; said point of
beginning being the westerly terminus of that course delineated "N55°59'23"E 223.80'";
thence northerly along a line common to the westerly line of said portion of Lot 18 and
the easterly line of Carlsbad Boulevard as shown on said Record of Survey Map
No. 18944, North 57°57' 14" West 22.46 feet to the beginning of a non-tangent 1,250.00
foot radius curve, concave westerly, to which a radial line bears South 88°27'36" East;
Page 1 of2
thence northerly along said common line and the arc of said curve, through a central
angle of 08°42'06" a distance of 189.84 feet to the True Point of Beginning; thence
continuing northerly along said arc through a central angle of 00°55'03" a distance of
20.02 feet; thence leaving said common line, North 84°53'26" East 109.96 feet to a line
common to the easterly line of said portion of Lot 18 and the westerly line of State Street
as shown on said Record of Survey Map No. 18944; thence southerly along said common
line, South 45°19'10" East 10.75 feet to the beginning of a non-tangent, 353.60 foot
radius curve, concave northeasterly, to which a radial line bears South 48°06'45" West;
thence southerly along the arc of said curve, through a central angle of 02°25'28" a
distance of 14.96 feet; thence leaving said common line, South 84°53'26" West
125.23 feet to the True Point of Beginning.
Containing 2,354 sq. ft., more or less.
Duane J. Gerrij'.L.S.
License Expires 09/30/12
Date
Page 2 of2
EXHIBIT "B"
\
N89°27'36"W
2.14'
\SCALE 1" =50'
\///A INDICATES 20' WIDE
Y//A SEWER EASEMENT
CONTAINING 2.354 SQ.FT.
N81°^>_-^---
...-"N82°50 1
P S O M A S
SHEET 1 OF 1
S88°27'36"E (R)
P.O.B.
MOST S'LY COR. POR. OF
LOT 18 PER MAP 1722 AS
SHOWN ON R.O.S. 18944
SEWER EASEMENT
OVER A PORTION OF LOT 18 OF SEASIDE LANDS MAP NO. 1722
AND A PORTION OF VACATED STATE STREET,
IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA
PROJECT
NUMBER 5CAR060100
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 4, 2011, from
McMahan Furniture Company, 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 30, 2011
SHERRY I7REISINGER, Senior Deputy Clerk7 Q
(SEAL)