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Home My WebLink AboutCT 09-01; Calavera Hills II, LLC; 2010-0278554; EasementRECORDED REQUEST OF First American Title SUBDIVISION MAPPING DEPT. DOCtt 2010-0278554 RECORDING REQUESTED BY: Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water District 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 [61 03].) 7P JUN03.2010 8:00 AM ' ' OFFICIAL RECORDS K i C SAN DIEGO COUNTY RECORDER'S OFFICE ^ 1 DAVID L BUTLER, COUNTY RECORDERi A FEES' n nnf\ A fMr* L.1-O. U.UU O*- IN^ OC: NA 7130 PAGES: 7 1 Illlll Hill Hill Hill Hill Hill Hill Hill Hill Hill Hill Hill Hill Hill Hill Illl Illl1 Illlll 11 Hill II Hill Hill Illl Illl Illl 111 Illl Illl Hi Illl Illl Illl III 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.: Project ID: Project Name: 168-360-03 CT 09-01 Robertson Ranch PA 22 Related Project ID: Related Project ID: PR 09-44 DWG 466-8 GRANT DEED OF PUBLIC WATER 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, a public water easement. Purpose: the public water 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 to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. RV Storage Grant Deed of Easement CMWD 011110.doc 7131 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". Exhibit "B" is attached for clarity only. Executed by the Grantor this 2>9 day of ^ig/620 /<£ . GRANTOR: (print name and title of signatory) (print name and tins' of signatory) (Notarial acknowledgement of execution of GRANTOR must be attached.) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one 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.) RV Storage Grant Deed of Easement CMWD 011110.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 7132 State of California County of San Diego ss. On April 29. 2010 before me, Gladys M. Eddy-Lee, Notary Public, personally appeared Adam D. Pevney and David R. Poole, GLADYS M. EOOY-UE CommtMton* 1673171 Notary Public • California San Diego County My Comm. Expftw Jul 4.2010 who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. Place Notary Seal Above 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:, Capacities Claimed by Signers Signer's Name: D Individual D Corporate Officer - Title D Partner — Q Limited D General D Attorney in Fact n Trustee D Guardian or Conservator D Other: Sianer is representing Right Thumbprint of Signer Top of thumb here Signer's Name: D Individual D Corporate Officer — Title D Partner - D Limited D General n Attorney in Fact n Trustee n Guardian or Conservator D Other: Sianer is representing Right Thumbprint of Signer Top of thumb here March 11, 2010 J.N.: 081245-3 EXHIBIT "A" 7133 WATER EASEMENT LEGAL DESCRIPTION 01-44 THAT PORTION OF PARCEL A IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO CERTIFICATE OF COMPLIANCE X%#££2 A, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON /H/lYg 2&/£> AS FILE NO. OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 2 OF PARCEL MAP NO. 19804, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 3, 2005 AS FILE NO. 2005-0659805, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG THE NORTH LINE OF SAID PARCEL, SAID LINE ALSO BEING THE SOUTH LINE OF CANNON ROAD, NORTH 81° 33 '13" EAST 20.00 FEET; THENCE LEAVING SAID LINE, SOUTH 08°26'47" EAST 44.61 FEET; THENCE SOUTH 81°33'13" WEST 30.00 FEET; THENCE NORTH 08°26'47" WEST 20.00 FEET; THENCE NORTH 81°33'13" EAST 10.00 FEET; THENCE NORTH 08°26'47" WEST 24.61 FEET TO THE TRUE POINT OF BEGINNING. AREA = 1,092 SF OR 0.03 AC MORE OR LESS 0:\Legal_Descriptions\011014\PA22-water-emt.doc c "o BASIS OF BEARINGS NORTH LINE OF PARCEL 2, PM 19804. (I.E. N81'33'13"E) LEGAL DESCRIPTION FOR. PARCEL A, CERTIFICATE OF COMPLIANCE REC. OWNER 7134 CALAVERA HILLS II, LLC A CALIFORNIA LIMITED LIABILITY COMPANY 12865 POINTE DEL MAR, STE. 200 DEL MAR, CA. 92014 BY: BROOKFIELD TAMARACK, LLC A DELAWARE LIMITED LIABILITY COMPANY ITS: MANAGER BY: ITS:l/f* SITE CARLSBAD p ALOMAR CITY OF VICINITY MAP NO SCALE NOT TO SCALE SHT. 1 OF 2 SHTS. WATER EASEMENT PLAT MnltEXHIBIT "B GEOROFO'DAY ff R.C.E. 32014 EXP. 12/31/10 CT 09-01 PR 09-44 CONSULT Al T S 2710 Loker Ave. W. 760-931-7700 Suite 100 Fax: Carlsbad, CA 760-931-8680 92010 G:\011014\0114YPE01.dwg Mar 11. *;:•'„• .1: 37(.m Xrefs: 0114YMAP; C1HBMAP LEGEND 7135 P.O.B. IZZZ PCL A, CERl OF COMPLIANCE APN 168-360-03 SCALE: 1" = 60* WATER EASCMNT PLAT EXHIBIT "B' tORGS O'DAY / ' r R.C.E. 32014 EXP. 12/31/10 CT 09-01 PR 09-44 PROJECT PROPERTY LINE ADJACENT PROPERTY LINES POINT OF BEGINNING AREA OF EASEMENT AREA=1,092 SF OR 0.03 AC PCL B, CERT. OF COMPLIANCE APN 168-050-55 SHT. 2 OF 2 SHTS. Q*Q*~? : D N S U L T A/J T S 2710 Loker Ave. W. 760-931-7700 Suite 100 Fax: Carlsbad, CA 760-931-8680 92010 G:\011014\0114YPE01.dwg War 11, 2010 2:37pm Xrefs: 0114YMAP; 0114BMAP 7136 CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated April 29, 2010, from Calavera Hills II, LLC, a California limited liability company, 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: May 19, 2010 FREISftJGEft, Deputy Secreta^ V -X