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Home My WebLink AboutCT 04-26; Calavera Hills II LLC; 2008-0192972; Easement5291 DOC# 2008-0192972 NF OCN/fl RECORDING REQUESTED BY AN*D WHEN RECORtiED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water Dist. 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) APR 11, 2008 11:52 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 OD NA PAGES: RECEIVED v MAY -7 2008 MUNICIPAL WATER DISTRICT 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.: 168-361-01-00 Project No. & Name: CT 04-26 Robertson Ranch East Village P.A. 16,17,18 PR 07-119 CARLSBAD MUNICIPAL WATER DISTRICT Mark Stone, General Manager By: DAVID A. HAUSER, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Calavera Hills II, LLC, a California limited liability company, Grantor(s), does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, 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 and treating all water, 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, pumping facilities, structures designed to control the flow of water 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 Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 1 5292 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 THE 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 day of 20_ GRANTOR: Calavera Hills II, LLC, a California limited liability company By: McMillin Companies, LLC, a Delaware limited liability company, It's Manac MAY -7 2008 '• ; By: (sign here) Brian Milich, Senior Vice President (print name and title of signatory) (sign here) Don Mitchell, Senior Vice President (print name and title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer 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, GENERAL COUNSEL By: _ Deputy General Counsel H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 5293 State of California County of San Diego On January 10.2008 before me, Brenda N. Henderson, Notary Public personally appeared Brian Milich and Don Mitchell 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. WITNESS my hand and official seal. Signature / (Notary Seal) MENDA N. HENDERSON | ComrrtMtanrfM 675003 | Nokxy Public • CoWomia I San Diego County f My Comm. Expires Jul 12.201of Calavera Hills II, LLC and Carlsbad Municipal Water District Grant Deed of Water Line Easement APN# 168-361-01-00 Robertson Ranch East Village P.A. 16, 17, 18 PR 07-119 840035.1 5294 December 18, 2007 J.N. : 011014-3 PAGE 1 OF 2 EXHIBIT "A" LEGAL DESCRIPTION WATERLINE EASEMENT C.T. 04-26 PR 07-119 PORTIONS OF LOT 311 OF CARLSBAD TRACT 04-26, ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MAP NO . //#/£# _ FILED IN . THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON /Sjfffr' AS DOC. NO. bo^tf/q^f?/ , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL XA' BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 245 OF SAID MAP NO. /£&%£ SAID POINT ALSO BEING A POINT ON THE RIGHT-OF-WAY OF GLEN AVENUE AS SHOWN ON SAID MAP NO. f£ AND A POINT ON A 48.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 74°36'49" EAST; THENCE ALONG SAID RIGHT- OF-WAY OF GLEN AVENUE AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°52'56" AN ARC DISTANCE OF 20.85 FEET; THENCE NON-TANGENT TO SAID CURVE AND LEAVING SAID RIGHT-OF-WAY NORTH 47°25'11" EAST, 47.72 FEET TO THE RIGHT-OF-WAY OF COLLEGE BOULEVARD ACCORDING TO A PUBLIC STREET AND UTILITY EASEMENT IN FAVOR OF THE CITY OF CARLSBAD RECORDED NOVEMBER 25, 2003 AS FILE NO. 2003-1414299; THENCE ALONG THE RIGHT-OF-WAY OF SAID COLLEGE BOULEVARD SOUTH 32°15'06" EAST, 20.33 FFET; THENCE LEAVING SAID RIGHT-OF-WAY OF COLLEGE BOULEVARD SOUTH 47°25'11" WEST, 49.34 FEET TO THE SAID RIGHT-OF-WAY OF GLEN AVENUE AND TO THE POINT OF BEGINNING. AREA = 955 S.F. OR 0.02 ACRES MORE OR LESS PARCEL 'B' BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 304 OF SAID MAP NO. /SftfrtL- , SAID POINT ALSO BEING A POINT ON THE RIGHT-OF-WAY OF ARAPAHO PLACE AS SHOWN ON SAID MAP NO. /<?&££ AND A POINT ON A 48.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE O:\Legal_Descriptions\011014\WaterlineEasementPA16-18.1gl .doc 5295 December 18, 2007 J.N.: 011014-3 PAGE 2 OF 2 TO SAID POINT BEARS SOUTH 44°54'08" WEST; THENCE LEAVING SAID RIGHT-OF-WAY OF ARAPAHO PLACE SOUTH 72°47'03" WEST, 28.29 FEET TO THE RIGHT-OF-WAY OF HILLTOP STREET ACCORDING TO MAP NO.15608 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 18, 2007 AS DOC. NO. 2007-0612802; THENCE ALONG THE RIGHT-OF-WAY OF SAID HILLTOP STREET NORTH 17°12'57" WEST, 20.00 FFET; THENCE LEAVING SAID RIGHT-OF-WAY OF HILLTOP STREET NORTH 72°47'03" EAST, 22.78 FEET TO A POINT ON THE RIGHT-OF-WAY OF ARAPAHO PLACE AND TO A POINT ON SAID 48.00 FOOT RADIUS CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 69°51'42" WEST; THENCE ALONG SAID RIGHT-OF-WAY OF ARAPAHO PLACE AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°57'34" AN ARC DISTANCE OF 20.91 FEET TO THE POINT OF BEGINNING. AREA = 495 S.F. OR 0.01 ACRES MORE OR LESS O:\Legal_Descriptions\011014\WaterlineEasementPA16-18.1gl.doc LOT 10 MAP 15608 5296 -PARCEL 'A' SjE\SHEET 2 PARCEL B SEE SHEET 3 KEY MAP SCALE: 1"=500' BASIS OF BEARINGS: EASTERLYLINE OF C.I 04-26 FINAL MAP IE N J757'32* W LEGAL DESCRIPTION PORTIONS OF LOT 311 OF C.T. 04-26 MAP NO.. OCCANSIDE SITE PARK OR. LEGEND SUBDIVISION BOUNDARY EXISTING LOTLINE EXISTING EASMENT AREA OF WATERUNE EASEMENT PARCEL 'A'= 955 S.F. OR 0.02 ACRES MORE OR LESS PARCEL 'B'= 495 S.F. OR 0.01 ACRES MORE OR LESS C D N S U L T 2710 LOKER AVE. W. 760-931-7700 SUITE 100 FAX: CARLSBAD, CA 760-931-8680 92010 APPLICANT:WATERLINE EASEMENT DATE: DECEMBER 2007 CALAVERA HILLS II, LLC 2750 WOMBLE ROAD SAN DIEGO, CA 92106 (619) 794-1252 d~. 8 Zoc& 1EOR6E ODAW r~ R.C.E. 32014V EXP. 12/31/08 SHEET 1 OF 3 SHEETS PR 07-119 A.P.N. 168-361-01 G:\011014\0114GZ04.dwg Jan 08, 200(32:09pm Xrefs: 0114GMAP 'STRIAN EASEMENT '6 FINAL MAP CONSULT 2710 LOKER AVE. W. 760-931-7700 SUITE 100 FAX: CARLSBAD, CA 760-931-8680 92010 APPLICANT:WATERLINE EASEMENT DATE: DECEMBER 2007 CALAVERA HILLS II, LLC 2750 WOMBLE ROAD SAN DIEGO, CA 92106 (619) 794-1252 SHEET 2 OF 3 SHEETS PR 07-119GEO&EO'DAY/f' R.C.E. 32014 l EXP. 12/31/08 A.P.N. 168-361-01 G:\011014\0114GZ04.dwg Jan 08. 2008 2:09pm Xrefs: 0114GMAP sG/; 04-2& 311 H.O.A. N72'47'03" \ 22.78' \Nin<2'57" \ 20.00' \ \>A/K£L =. \ 2710 LOKER AVE. W. 760-931-7700 SUITE 100 FAX: CARLSBAD, CA 760-931-8680 92010 266 265 A=24'57'34" •R=48.00' L=20.91' 301 302 ~S72'47'03"W 28.29'303 •PUBLIC PEDESTRIAN EASEMENT PER CT 04-26 HNAL MAP 304 APPLICANT:WATERLINE EASEMENT DATE: DECEMBER 2007 CALAVERA HILLS II, LLC 2750 WOMBLE ROAD SAN DIEGO, CA 92106 (619) 794-1252 cncxt* GEORGE 0 DAY/7 R.C.E. 32014 EXP. 12/31/08 SHEET 5 OF 3 SHEETS PR 07-119 A.P.N. 168-361-01 G:\OTlOl4\0114GZ04.dwg Jon 08, 2008 2:10pm Xrefs: 01HGMAP 5299 CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated January 14, 2008, from Calavera Hills II LLC, to the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, is hereby accepted by the Board of Directors of the Carlsbad Municipal Water District, California, pursuant to Resolution No. 996, adopted on September 9,1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: ApriMO, 2008