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HomeMy WebLinkAboutCT 89-19; Odmark Thelan and the Davidson Companies; 1991-xxxxxxx; Easement1 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT 2 OF THIS DISTRICT (GOV. CODE [6103]) 3 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: 4 Carlsbad Municipal Water District 5 Engineering Department 5950 El Camino Real g Carlsbad, California 92008 10 11 12 18 19 20 21 22 23 24 25 26 27 28 Space above this line for Recorder's use. Assessor's Parcel No. 216-150-03 g Project Name & No. Broccato, Carlsbad Tract 89-19 CMWD Proiect No. 85-401, 16" Water Line Easement DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT EASEMENT Aletba L. Rautenkranz, Secretary Board* of Directors 14 15 mviARK R THKT.AN AND THF DAVIDSON COMPANIES PARTNERSHIP. ^7 A fAr.TFDRNTA GENERAL PARTNERSHIP. does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, 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. 3/14/91 REV. 1 whether above or below the surface of the ground. 2 Said facility may include pipelines, pumping facilities, 3 structures designed to control the flow of water and all facilities 4 and structures associated with said use which are designed to 5 facilitate the use and protect the facility from natural and other 6 forms of damage including, but limited to, erosion control 7 facilities, fences, gates, doors, locking devices, alarms, lights, 8 and all other protective facilities and devices. The use shall 9 also include a means of access to and from said facility for the 10 purpose of constructing, operating, repairing, maintaining, 11 inspecting and reconstructing said facility. ^2 The uses described herein shall be exclusive to the 13 Grantee. Grantor herein agrees that no buildings and/or structures 14 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 17 uses whether compatible or incompatible with the uses described 15 16 18 herein without the express written approval of the Grantee. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 3/14/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PRINCIPAL: :^m_ GOIABK & THELAN AND THE DAVIDaON COMPAITO PAIOMKRSmP (Naae of Principa: QEMARK & 1BELAN/BAII(9JIT^ Uiiited Pan Its General By: ODMARK Partnerstilp eeuted py the GRANTOR this Jdtm ^ i;helan, .^resldi DAVIDSON OOSCAN ^^KES^^^^fomia. General Partnershig^ts 43&QeraiL Partner By: The Davidson Bv: UllllaB Davidson, Its Preslid^t APPROVED AS TO FORM: VINCENT F. BIONDO, JR, GENERAL COUNSEL By: ^ ^ (Notarial acknowledgment of execution by GRANTOR must be attached.) CMWD 85-401 3/14/91 REV. STATE OF CALIFORNIA } } ss: COUNTY OF SAN DIEGO } On ^^cinkA^ 7.799/ before me, the undersigned, a Notary Public in and for skid state, personally appeared n^l^yjyy^ y^. QoAyt^^U^ , known to me to be the of The Davidson Company, the corporation that executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Davidson Coscan Partners, the general partnership that is known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal Notary Public ttmrLSMftuas NOIMr PUBUC-CMJFORNM MNOIEQO COUNTY l» Comm. BtplfM Aug. 28, wn CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Deed dated , 19 , from ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP , a Califomia General Partnership, as grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of the Carlsbad Municipal Water District on , 19 , and the Grantee consents to recordation thereof by its duly authorized officer. DATED: , 19 . CARLSBAD MUNICIPAL WATER DISTRICT By:, ALETHA L. RAUTENKRANZ, Secretary Board of Directors CMWD 85-401 EXHIBIT "A" (SHEET 1 OF 2) A PORTION OF LOT 1 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF MAP 7996 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED AUGUST 5, 1974 IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT ALSO BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 32°45'27" WEST, 561.78 FEET" ON RECORD OF SURVEY 12541, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED FEBRUARY 15, 1990, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTHERLY ALONG SAID LINE, SOUTH 32°45'27" EAST (SOUTH 32°46M1" EAST PER M.S. 637 ON FILE IN THE COUNTY OF SAN DIEGO), 325.64 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE LEAVING SAID LINE, NORTH 54°58'14" EAST, 187.63 FEET; THENCE NORTH 87°39'57" EAST, 77.32 FEET, TO A POINT ON A NON-TANGENT 45.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARING SOUTH 38°46'29" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 30°50'00", AN ARC DISTANCE OF 24.22 FEET; THENCE LEAVING SAID CURVE, SOUTH 34°07'01" WEST, 11.97 FEET; THENCE SOUTH 87°39'57" WEST, 85.90 FEET; THENCE SOUTH CMWD 85-401 EXHIBIT "A" (SHEET 2 OF 2) 54°58'14" WEST, 182.56 FEET, TO A POINT ON THAT CERTAIN COURSE DESCRIBED AS "NORTH 32°45'27" WEST, 561.78 FEET" ON RECORD OF SURVEY 12541, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED FEBRUARY 15, 1990 IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTHERLY ALONG SAID LINE, NORTH 32°45'27" WEST, (NORTH 32°46'41" WEST PER M.S. 637 ON FILE IN THE COUNTY OF SAN DIEGO), 20.02 FEET, TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. AREA = 5,448.81 SF (0.125 AC). GEORGE ./'D'DAY ^ pA^E CMWD 85-401 SMeer / OF / POC TPOB ; \rX^'^ ^ X I JSC. 33 DATA T/IBl£ (h S34''S8'f4"N 1S7,C3' ® 3S7<'JS'57"N 77.32' 45.00' 24.22' n,97' ® S 67" 39'$1" hi 36.90' ® 182.5G' $ 32''45'27" E 20.02' EXHIBIT B FEB I iigge CARLSBAD MUNICIPAL WATER DISTRICT