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HomeMy WebLinkAboutCT 85-39; Carlsbad Laurel Tree Apartments, LP; 1998-0832216; Easement(302322 '._ ~ RECORDING REQUESTED BY CARLSBAD LAUREL TREE APARTMENTS, LP AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real f@ Carlsbad, California 92008 / gf MAIL TAX STATEMENTS TO: bl Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) L I59 DOC # 1998-0832216 DE~c 183 1998 3-35 FM Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Assessor's Parcel No. 212-040-46.51 Documentary transfer tax is $o.oO Project No. & Name 86-501. Laurel Tree Subdivision. ( ) computed on full value of property conveyed, or Carlsbad Tract 85-39 ( ) computed on full value less value of liens and encumbrances remaining at time of sale. J ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. UQ3 WILLIAM E. PLUMmER, District Engineer GRANT DEED OF WATER LINE EASEMENT CARLSBAD LAUREL TREE APARTMENTS, L.P., a California limited partnership does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, 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 1 0811 7/98 Rev. u 160 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. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings andlor 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 13 day of October , 1928. GRANTOR CARLSBAD LAUREL TREE APARTMENTS, L.P., a Califprnia limited pwership Xname of grantok) 1 B Chairperson, Board of Directors (title of signatory) By: (sign here) Secretarv. Board of Directors (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: CMWD 86-501 08/17/98 Rev. 2 .. '1. STATE OF CALIFORNIA 1 COUNTYOF Sari Diego On 10/13/98 DATE before me, Gloria Jean Nieto. Notary Public NAME AND TITLE OF OFFICER personally appeared Salvador Saucedo h Dolores Adame NAME@) OF SIGNER(S) personally known to me - OR - a proved to me on the basis of satisfactory evidence to be the person(s) whose name(?.) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature@) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (This area for official notary seal.) Title or Type of Document Grant Deed of Water Line Easement Date of Document 10/13/98 No. of Pages Two Signer(s) other than named above 06/14/95 Rev. EXHIBIT "A'' LEGAL. DESCRIPTION WATER EASEMENTS PARCEL "A: Those portions of Parcel 1 of Parcel Map No. 15661, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, May 5,1989 as File No. 89-239677 of Official Records, together with a portion of that parcel of land designated as "Description No. 5": as shown and delineated on record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19,1960, being a portion of Lot "G of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896, includedwithin a strip of land, 20.00 feet wide, the centerline of which is described as follows: COMMENCING at the northwest comer of said Parcel 1; thence along the northerly line of said Parcel 1, North 71"35'51" East, 205.09 feet; thence at right angle to said northerly line, South 18"24'09 East, 158.84 feet to the beginning of a tangent 215.00 foot radius curve, concave to the west; thence southerly, along said curve, through a central angle of 05"59'37' an arc distance of 22.49 feet to POINT "B, a radial to said point bears North 77"35'28" East; thence continuing southerly, along said curve, through a central angle of Ol"26'42" an arc distance of 5.42 feet; thence South lO"57'50" East, 11.03 feet to POINT "C", thence South lO"57'50" East, 3.53 feet to POINT "D"; thence South lO"57'50'' East, 4.07 feet to the beginning of a tangent 43.00foot radius curve, concave to the northwest; thence southwesterly, along said curve, through a central angle of 82"33'41" an arc distance of 61.96 feet; thence South 71 "35'51" West, 125.82 feet to the beginning of a non-tangent 465.00 foot radius curve, concave to the northeast, a radial to said point bears South 70"23'36" West; thence southeasterly, along said curve, through a central angle of 09"10'10 an arc distance of 74.42 feet, to POINT "E, a radial to said point bears South 61"13'26" West; thence continuing southeasterly, along said curve, through a central angle of 03"30'45" an arc distance of 28.51 feet; thence South 32"17'19 East, 50.67 feet to POINT "F', thence South 32"17'19 East, 167.31 feet to the beginning of a tangent 465.00 foot radius curve, concave to the northeast; thence southeasterly, along said curve, through a central angle of 03"09'32" an arc distance of 25.64 feet, to POINT"G", a radial to said point bears South 54"33'09" West; thence continuing southeasterly, along said curve, through a central angle of 06"12'll" an arc distance of 50.34 feet; thence South 41"39'02" East, 6.66 feet to POINT "H thence South 41"39'02" East, 163.87 feet to the beginning of a tangent 43.00 foot radius curve, concave to the north; thence easterly, along said curve, through a central angle of 77"50'37" an arc distance of 58.42 feet; thence North 60"30'21" East, 101.50 feet to POINT "I"; thence North 60"30'21" East, 121.06 feet to the beginning of a tangent 61.00 foot radius curve, concave to the northwest; thence northeasterly, along said curve, through a central angle of 34"51'13" an arc distance of 37.11 feet; thence North 25"39'08 East, 56.64feet to a line parallel and concentric with and 5.00feet Page 1 of 6 1205LGOf.WPD EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENTS southwesterly from the northeasterly line of said Parcel 1 of Parcel Map No. 15661, said point king on the arc of a non-tangent 575.00 foot radius curve, concave to the northeast, a radial to said point bears South 27"08'49 West; thence northwesterly, along said concentric line and said curve, through a central angle of 05"25'49 an arc distance of 54.50 feet, to POINT "J", a radial to said point bears South 32"34'38 West; thence continuing northwesterly, along said concentric line and said curve, through a central angle of ll"36'52" an arc distance of 116.56 feet, to POINT "K", a radial to said point bears South 44"11'30 West; thence continuing northwesterly, along said concentric line and said curve, through a central angle of 07"09'20 an arc distance of 71.81 feet, toPOINT"L", a radial to said point bears South 51"2050 West; thence continuing northwesterly, along said concentric line and said curve, through a central angle of 14"47'50 an arc distance of 148.50 feet, to POINT "M", a radial to said point bears South 66"08'40 West; thence continuing northerly, along said concentric line and said curve, through a central angle of 14"19'13" an arc distance of 143.71 feet; thence non-tangent to said curve, South 80"27'53" West, 15.00feet to the TRUE POINT OF BEGINNING; thence South 80"27'53" West, 9.00 feet to the terminus of said centerline. PARCEL "B": A strip of land, 20.00 feet wide, the centerline of which is described as follows: COMMENCING at hereinabove described POINT "B thence South 78"10'03" West, 15.00 feet to the TRUE POINT OF BEGINNING, thence South 78"10'03" West, 8.70 feet to the terminus of said centerline. Said strip of land shall be lengthened or shortened so as to terminate northeasterly in a line parallel with and 15.00 feet southwesterly from the hereinabove described centerline in PARCEL-A", and to create continuous and full easement width at all intersecting courses and curves. PARCEL"C': A strip of land, 20.00 feet wide, the centerline of which is described as follows: COMMENCING at hereinabove described POINT "C"; thence North 78"10'03" East, 15.00 feet to the TRUE POINT OF BEGINNING; thence North 78"10'03" East, 8.00 feet to the terminus of said centerline. Page 2 of 6 IZMLC06.WPD c 164 EXHIBIT “A” LEGAL DESCRIPTIOY WATER EASEMENTS Said strip of land shall be lengthened or shortened so as to terminate southwesterly in a line parallel with and 15.00 feet northeasterly from the hereinabove described centerline in PARCEL“A”, and to create continuous and full easement width at all intersectingcourses and curves. PARCEL “D”: A strip of land, 20.00 feet wide, the centerline of which is described as follows: COMMENCING at hereinabove described POINT “D”; thence South 78”1003” West, 15.00 feet to the TRUE POINT OF BEGINNING; thence South 78”1003” West, 8.00 feet to the terminus of said centerline. Said strip of land shall be lengthened or shortened so as to terminate northeasterly in a line parallel with and 15.00 feet southwesterly from the hereinabove described centerline in PARCEL“A”, and to create continuous and full easement width at all intersecting courses and curves. PARCEL “E”: A strip of land, 20.00 feet wide, the centerline of which is described as follows: COMMENCING at hereinabove described POINT “E, thence North 57-44’58” East, 15.03 feet to the TRUE POINT OF BEGINNING, thence North 57”44’58 East, 10.97 feet to the terminus of said centerline. Said strip of land shall be lengthened or shortened so as to terminate southwesterly in a line parallel with and 15.00 feet northeasterly f’rom the hereinabove described centerline in PARCEL“A”, and to create continuous and full easement width at all intersecting courses and curves. PARCEL “F”: A strip of land, 20.00 feet wide, the centerline of which is described as follows: Page 3 of 6 IuKL(io6.WPD EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENTS COlrIMENCING at hereinabove described POINT "F"; thence North 57'42'41" East, 15.00 feet to the TRUE POINT OF BEGINNING; thence North 57'42'41" East: 27.00 feet to the terminus of said centerline. Said strip of land shall be lengthened or shortened so as to terminate southwesterly in a line parallel with and 15.00 feet northeasterly from the hereinabove described centerline in PARCEL"A", and to create continuous and full easement width at all intersectingcourses and curves. PARCEL "G": A strip of land, 20.00 feet wide, the centerline of which is described as follows: COhlMENCING at hereinabove described POINT "G thence North 54"33'09" East, 15.00 feet to the TRUE POINT OF BEGINNING, thence North 54"33'09" East, 21.00 feet to the terminus of said centerline. Said strip of land shall be lengthened or shortened so as to terminate southwesterly in a line parallel with and 15.00 feet northeasterly from the hereinabove described centerline in PARCEL'IA", and tocreatecontinuous and fulleasementwidth at allintersectingcourses and curves. PARCJZ ''W A strip of land, 20.00 feet wide, the centerline of which is described as follows: COMMENCING at hereinabove described POINT "H; thence North 4890'58" East, 15.00 feet to the TRUE POINT OF BEGINNING; thence North 48"20'58" East, 7.00 feet to the terminus of said centerline. Said strip of land shall be lengthened or shortened so as to terminate southwesterly in a line parallel with and 15.00 feet northeasterly from the hereinabove described centerline in PARCEL"A, and to create continuous and full easement width at all intersecting courses and curves. PARCEL "I": Page 4 of 6 1rnJLW.WPD EXHIBIT “A” LEGAL DESCRIPTION WATER EASEMENTS A strip of land, 20.00 feet wide, the centerline of which is described as follows: COMMENCING at hereinabove described POINT “I”; thence North 29“29’39 West, 15.00 feet to the TRUE POINT OF BEGINNING; thence North 29”2939” West, 12.00 feet to the terminus of said centerline. Said strip of land shall be lengthened or shortened so as to terminate southwesterly in a line parallel with and 15.00 feet northeasterly from the hereinabove described centerline in PARCEL“A”, and tocreate continuous and full easementwidth at all intersecting courses and curves. PARCEL ‘‘E A strip of land, 20.00 feet wide, the centerline of which is described as follows: COMMENCING at hereinabove described POINT “J”; thence South 3294’38” West, 15.00 feet to the TRUE POINT OF BEGINNING; thence South 32”34’38” West, 8.00 feet to the terminus of said centerline. Said strip of land shall be lengthened or shortened so as to terminate northeasterly in a line parallel with and 15.00 feet southwesterly from the hereinabove described centerline in PARCEL“A”, and to create continuous and full easement width at all intersecting courses and curves. PARCEL “K”: A strip of land, 20.00 feet wide, the centerline of which is described as follows: COMMENCING at hereinabove described POINT “K”; thence South 44”11’30” West, 15.00 feet to the TRUE POINT OF BEGINNING, thence South 44”11’30” West, 26.00 feet to the terminus of said centerline. Said strip of land shall be lengthened or shortened so as to terminate northeasterly in a Line parallel with and 15.00 feet southwesterly from the hereinabove described centerline in PARCEL“A”, and to create continuous and full easement width at all intersecting courses and curves. Page 5 of 6 IZMLG06.WPD EXHIBIT “A” LEGAL DESCRPTIOX WATER EASEMENTS PARCEL “L”: A strip of land, 20.00 feet wide, the centerline of which is described as follows: COMMENCING at hereinabove described P0INT“L”; thence South 51”2050” West, 15.00 feet to the TRUE POINT OF BEGINNING; thence South 51”20’50 Wesr, 9.00 feet to the terminus of said centerline. Said strip of land shall be lengthened or shortened so as to terminate northeasterly in a line parallel with and 15.00 feet southwesterly from the hereinabove described centerline in PARCEL“A”, and to create continuous and full easement width at all intersecting courses and curves. PARCEL “M A strip of land, 20.00 feet wide, the centerline of which is described as follows: COMMENCING at hereinabove described POINT “M, thence South 66”08’40” West, 15.00 feet to the TRUE POINT OF BEGINNING, thence South 66”08’40 West 25.00 feet to the terminus of said centerline. Said strip of land shall be lengthened or shortened so as to terminate northeasterly in a line parallel with and 15.00 feet southwesterly from the hereinabove described centerline in PARCEL“A”, and to create continuous and full easement width at all intersecting courses and curves. Parcels “A” through “M contain: 0.083 acres, more or less. \q”7/Og Lonie K. Cvr P.L.S. 6929 bate Page 6 of 6 IZ05LW.WPD Q Q Q @ Q 0 Q 0 WC. ECORDEO S/l4/1957 IN BOOK E706. PAGE 514, O.R. IWICATES CARSBAD M.W.D. WATER EASEMENT WC. RECOROEO 11/16/1962 AS FILE NO. 196268. O.R. EASEMENT WC. R€CXElXD 5/11 /1987 IWICATES CITY OF CARLSBAD SEW3 ~ ~~~~ AS FILE NO. 82-139473. O.R. EASEMENT WC. RECORDED 3/11/1998 IWICATES CITY OF CAELSBAD DRAINAGE AS FILE NO. 1998-0131656. O.R. EASEMENT WC.S EECOROEO 2/2/1961 IWICATES 60' NloE ROAD AN) UTILITY AS FILE NO. 19565. O.R.. R€COX€D 2/2/1961 AS FILE No. 19567. O.R. AN3 RECORDED 8/8/1962 AS FILE M. 134624. O.R. AN) TELEGRAPH WANY EASEENT IWICATES 60' NIOE PACIFIC TELERONE DOC. REOXOED 5/10/1982 AS FILE ND. 82-137219. O.R. INJICATES CITY OF CARLSBAD SEER EASEMNT WC. RE-D 10/9/1997 AS FILE NO. 1997-0503949. O.R. -. ~ ~, VICINITY MAP MT TO SULE CARLSBAD MUNICIPAL WATER DISTRICT RICANT: EXHIBI T 'B " A.P.N. 202-040-46 k 51 PROJECT: PREPARED BY: u\C ! W. 35th STREET P.L.S. 6929 \TIC" CITY. CA LONIE K. CYR JlTE 200 %, K.Ll *p/% ATE i19) 426-3598 EXPIRATION: 9/30/2001 WA T€R EAXKNT DRAW 1% 1205E02 1 JN: 501 205-3 PLOT: 08-27-98 CARLSBAD MUNICIPAL WATER DISTRICT PLICANT: PROJICT: Ac IlE 200 I A.P.N. 202-040-46 k 5’ 1. 35th STROET CITY. CA 19) 426-3598 I DRAWING 1205E023 JN: 501205-3 PLOT: 08-27-98 ',L I I . / M."7k"-.iVS" DATA TABLE C1 05'59'37' 215.00' Q 01'26'42' 215.00' C3 N78'10'03'E c4 N78'10'03'E -- c5 N78'10'03'E - - C6 N78'10'03'E - C7 N10.57'50-W - CB N10'57'50'W - "" LENGTH 22.49' 5.42' 15.00' 8.70' 8.00' 8.00' 11.03' 3.53' W N10.57'50-11 - 4.07' ~ ~~ DETA I L "By' SCALE: 1'=40' CARLSBAD MUNICIPAL WATER DISTRICT 3% ICANT PROJECT: A.P.N. 212-040-46 k 51 ut ! 1. 35th STREET JlTE 200 ilS) 426-3538 WA JER EAXKNJ LTlONAL CITY. CA EXHI01 7- #-BSS DRAW I NG 1205E024 JN: 501205-3 PLOT: 08-27-98 L 172 CARLSBAD MUNICIPAL WATER DISTRICT 'L I CANT: PROXCT: A.P.N. 212-040-46 k 51 I^ \L 'E. 35th STREET :TE 200 '1- CITY, CA i9) 426-3598 I I I DRAW I NG 1205E025 JN: 501205-3 PLOT: 08-27-98 I I CARLSBAD MUNICIPAL WATER DISTRICT RICANT: A.P.N. 212-040-46 k 51 PROJECT: AC ~ ~- ! W. 35th STREET IITE 200 .TIWL CITY. CA 19) 426-3598 EXHI81 T "B " WA T€R EAXKNT DRAW I NG 1205E026 JN: 501205-3 PLOT: 08-27-9E \ \ PARCEL "K"\ \T.P.O.B. \*\ PARCEL 'K" Ji. @ 4<€: ;"- DETAIL "G" SCKE: 1'=40' CARLSBAD MUNICIPAL WATER DISTRICT 'R ICANT: PROJECT: A.P.N. 212-040-46 I51 AC t~ 'IF 200 1. 35th STREET I TlOYK CITY, CA 19) 426-3595 I ~~ I I DRAWING: 1205ED27 A: 5C 1205-3 PLOT 07-28-98 I 175 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated October 13 , 19%, from CARLSBAD LAUREL TREE APARTMENTS, L.P.. a California limited DartnerShiD to the Carlsbad Municipal Water District, Carlsbad. California, pursuant to the Municipal Water District Act of 191 1, 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. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authorized officer. DATED:- CMWD 86-501 F &TAA L. R+wJ@xA~$ Fecretary KAREN R. KUNDTZ, Asswtant Secretary -~ 11/03/97 Rev. Communitv Productions Oi 176 Mr. Camacho reported he was asked to audition for the play "Zoot Zoot." Also Mr. Alan Bemstein is presenting a fairy tale play the "Miracle of Guadalupe" with Mr. Bill Virches from Southwestern College. The financial report was distributed. Mr. Caldwell will distribute and review the audit report at the September Board of Director's meeting. Education Committee Mr. Saucedo, Ms. Puig and Mr. Cazares attended the Latino Education Summit Conference at UCSD on June 28th. The conference was well attended by educators, parents and community persons. There is a committee planning to have a South Bay Latino Summit at Southwestern College on Saturday, August 23rd. PRESlDENTlCEO REPORT Mr. Juan Rodriquez and Mr. Francisco Ramirez requested to be excused from the meeting. Mr. Cazares reported there will be training on Head Start Performance Standards for the Board of Directors on Tuesday, August 12, 1997 at 500 p.m. The training will replace the Board of Directofs meeting for August. Mr. Cazares requested approval on the following: 1) To transfer the 1000 shares of stock the MAAC Project purchased from Ban Corp to Neighborhood National Bank. NOTE: Mrs. Adame moved to approve the above; Ms. Spurling seconded the motion. MISIC - ' 2) A resolution on July 8, 1997 to authorize the Chairperson of the Board of Directors, PresidenVChief Executive Omcer and Vice PresidenVChief Operating Officer to sign contracts, programmatic reports and requests for payments, budget related requests and documents for the MAAC Project. NOTE: the motion. MISIC Mrs. Adame moved to approve the above resolution; Mr. Venegas seconded 3) Approval to sign the audit engagement with R. Navarro &Associates, Inc. for audit services for fiscal years ending December 31, 1997, 1998 an 1999. NOTE: Mr. Venegas moved to approve the above; Mrs. Adame seconded the motion. WS/C 4) Approval to accept $30,000 in funding from the Campaign for Human Development. 5) A resolution to authorize Dental Care for uninsured Head Start children for $1000 and $200 for immunization services. NOTE: Mr. Tadlock moved to approve the above; Ms. Spurling seconded the motion. MISIC