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Home My WebLink AboutCT 85-35; Aviara Land Associates LP; 1992-0133696; Easement** 1 2 3 4 e 738 ___? PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) ) -1 -_-- __. 1 RECORDING REQUESTED BY AND 1 WHEN RECORDED, PLEASE MAIL TO: 1 ) Carlsbad Municipal Water District ) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT lLdceLa- Aletha L. Rautenkranz, Secr Board of Directors EASEMENT - - does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, Agency organized in the State of California, assigns', an easement. a P its successor Purpose: The easement granted herein shall be gr for the following purposes: the construction, operation, rE reconstruction and all activities necessary to const reconstruct, operate, maintain and repair facilities design€ the general purpose of collecting, storing, transporting, p~ and treating all water, including surface water, stream T, flood water and ground water flowing into said facilities, a1 natural and artificial drainage ditches and structures of any 1 3/14/9: D f' 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 I 18 19 20 21 22 23 24 25 26 27 28 0 0 739 w:hether above or below the surface of the ground. Said facility may include pipelines, pumping facili structures designed to control the flow of water and all facil and structures associated with said use which are designt facilitate the use and protect the facility from natural and forms of damage including, but limited to, erosion co facilities, fences, gates, doors, lo I alarms, li and all other protective facilities and d . The use also inclu eans of access to and from sai purpose o structing, operating, repair inspecting and reconstructing said facility. The uses described herein shall be exclusive tc Grantee. Grantor herein agrees that no buildings and/or struc will be ere d, walls constructed, fences built nor trees pla nor may th sement be used by the Grantor or any other pers entity, including other utilities, whether public or private uses whether compatible or incompatible h the uses desc herein without the express written approval of the Grantee. /// /// /// /// /// /'// /'// /I// /I// /// 2 3/14/9: i 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 e e 74 0 LOCATION OF THE EASEMENT: The easement granted herein shall be located within upon the properties more particularly described in Exhibit IrA" Exhibit llBtl attached hereto and by this reference made a hereof. Executed by the GRANTOR th day of 19-. GRANTOR: (See Attached) (name of grantor) By : (sign here) (title of signator! By: (sign here) (title of signator; APPROVED AS TO FORM: BIONDO, JR. riin YSEL a/dst- Q. Ga-cLM, By: (Notarial acknowledgment of execution by GRANTOR must be attac C~D 90-SO2 3/14/91 3 74 f e e 1' Aviara Golf Course Clubhouse, Carlsbad Tract 85-35 CMWD Project No. 90-502 (Notarial Acknowledgment must be attached) Executed by the GRANTOR this AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, formerly PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware Limited Partnership, as Owner By: AVIARA LWD COMPANY, a By: REPUBLIC DEVELOPMENT Delaware corporation, COMPANY, a California '&m day Sm tF2- , 1991. --:a1 Partner corporation, -- /' hral 1 Partner By: 7- - I ,I,d I 1% D.L. CLEMENS Vice Preddent D.L. CLENIENS I Vice President +--- By : pi&i w+-- 9 ;I By: ,4 1 TED L. HOOVER Assistant Secretary TED L. HO'OVER Assistant Secretary CMWD 90-502 I 742 0 e STATE OF CALIFORNIA I COUNTY OF San Diego I I ss. On SeDtember 24. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President and Ted L. Hoover personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Secretary of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. (Seal) STATE OF CALIFORNIA I COUNTY OF San Diego I [ ss: On SeDtember 24. 1991 before me, the undersigned, a Notary Public in and fol said State, personally appeared D.L. Clemens, personally known to me or proved to me or the basis of satisfactory evidence to be the person who executed the within instrument a: the Vice President, and Ted L. Hoover, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Secretary of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associate: Limited Partnership, a Delaware Limited Partnership, the partnership that executed thc within instrument, and acknowledged to me that such corporation executed the same a such partner and that such partnership executed the same. WITNESS my hand and official seal. (Seal) . * e 0 74 3 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or AVIARA LAND ASSOICATES LIMITED PARTNERSHIP, easement, dated 9/24/91 , from a Delaware Limited Partnership, to the Carlsbad Municipal Water District, Carlsbad, California, a Municipal Water District Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution NO.^ of the Carlsbad Municipal Water District adopted on January 28, 1992, and the grantee consents to recordation thereof by it’s duly authorized officer. DATED: qz 1 -4- ALETHA L. RAUTENKRANZ, Secredy CMWD 90-502 . t e e 741 300,i 1 * *C~AT.LGI 06-26-9 1 (RCA) 4' A.P.N. 21 5-592-0; 10086.0C LEGAL D E S C R I PTI 0 N WATER EASEMENT DEDICATION THAT PORTION OF LOT 2 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I UNI- "A", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 12409 FILED IN THE OFFICE OF THE COUNT' RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989, BEING A STRIP OF LAND MOR1 PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 2, SAID POINT BEING OF THE SOUTHERLY RIGHT OF WAY LINE OF BATlQUlTOS DRIVE AS SHOWN AND DEDICATEE ON SAID MAP NO. 12409; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE NORTt 60'40'00" EAST, 49.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTlNUlNC ALONG SAID SOUTHERLY RIGHT OF WAY LINE NORTH 60'40'00" EAST, 20.00 FEET THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 29'20'00'' EAST, 19.1 t FEET, TO THE BEGINNING OF A TANGENT 65.00 FOOT RADIUS CURVE CONCAVE TO THf NORTH; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRA1 ANGLE OF 83'30'43" A DISTANCE OF 94.74 FEET; THENCE NORTH 67'09'17'' EAST 160.00 FEET; THENCE NORTH 22'50'43" WEST, 7 2.42 FEET; THENCE SOUTH 67'09'1 7' WEST, 7.00 FEET; THENCE NORTH 22'50'43'' WEST, 20.00 FEET; THENCE SOUTf 67'09'17'' WEST, 7.91 FEET; THENCE NORTH 22'50'43'' WEST, 10.00 FEET; THENC NORTH 67'09'1 7" EAST, 34.91 FEET; THENCE SOUTH 22'50'44'' EAST, 3.62 FEET THENCE NORTH 57'1 9'36" EAST, 52.48 FEET; THENCE SOUTH 32'40'24'' EAST; 13.0( FEET; THENCE SOUTH 57'19'36" WEST, 7.00 FEET; THENCE NORTH 32'40'24" WEST 3.00 FEET; THENCE SOUTH 57'19'36'' WEST, 47.22 FEET; THENCE SOUTH 22'50'43 EAST, 48.65 FEET; THENCE SOUTH 67'09'1 7" WEST, 180.00 FEET, TO THE BEGINNIN( OF A TANGENT 85.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENC WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27'27'49 RADIUS CURVE CONCAVE TO THE EAST,A RADIAL LINE TO SAID 85.00 FOOT RADlUl CURVE BEARS SOUTH 04'37'06" WEST AND A RADIAL LINE TO SAID 190.00 FOO' RADIUS CURVE BEARS NORTH 81'17'54'' WEST, THENCE SOUTHERLY ALONG THE AR( OF SAID 190.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 09'29'1 2" I DISTANCE OF 31.46 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 87'42'25 EAST, 21.28 FEET; THENCE SOUTH 02'17'35" EAST, 10.00 FEET; THENCE SOUTI 87'42'25'' WEST, 41.28 FEET TO THE BEGINNING OF A NON-TANGENT 210.00 FOO' RADIUS CURVE CONCAVE TO THE EAST; A RADIAL LINE TO SAID POINT BEARS SOUTI 86'20'33" WEST, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH I CENTRAL ANGLE OF 12'36'53'' A DISTANCE OF 46.24 FEET TO THE BEGINNING OF I NON-TANGENT 85.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST, A RADIAL A DISTANCE OF 40.74 FEET TO THE BEGINNING OF A NON-TANGENT 190.00 FOO' C.M.W.D. 90-502 SHEET 1 OF 2 SHEETS b a e 745 1' LINE TO SAID 210.00 FOOT RADIUS CURVE BEARS NORTH 81°02'34" WEST AND i RADIAL LINE TO SAID 85.00 FOOT RADIUS CURVE BEARS SOUTH 18'08'40" WEST THENCE NORTHWESTERLY ALONG THE ARC OF SAID 85.00 FOOT RADIUS CURVl THROUGH A CENTRAL ANGLE 42'31'20" A DISTANCE OF 63.08 FEET; THENCE NORTI 29'20'00'' WEST, 19.1 6 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL CONTAINS 0.205 ACRE OF LAND MORE OR LESS THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. P&D TECHNOLOGIES ddJ/Li- - &Z6-?/ DALE A. DAVIS L.S. 5894 LICENSE EXPIRES 12-31 -92 C.M.W.D. 90-502 SHEET 2 OF 2 SHEETS t. _- .. C. M. W. D. -_3-QSO-Z _______ PROJECT NO. EXHIBIT 20"N.A El? EASEMENT DEDICA TION 78 .L5ug B PROJECT NAME: 1 m' c PROJ. '.E N @>," ' -- PROJECT NAME: 20' Water Easement Dedication ,@-d-od - t