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Home My WebLink AboutCT 97-13; Carlsbad Oaks North Partners LP; 2004-1180070; Easement6 RECORDED REQUES f OF ' First American Title SUBDIVISION MAPPING DEW ' RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 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].) DOC # 2004-1 180070 I ll1llll Ill1 11111111111111111111 111ll11lll111ll IIIII 11111 Ill11 1111 Ill1 DEC 15,2004 352 PM OFFICIAL RECORDS SAN DlEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: u.00 0 c. NA 7 PAGES: I111111 Ill11 Ill11 lllll11111ll11111111111111111 Ill11 11111 11111 Ill11 11111 111 1111 Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Assessor's Parcel No.: 209-050-23-00 Documentary transfer tax is $ O.OO/?W Project No. & Name: CT 97-13 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad , and Carlsbad Oaks North Pressure Reducing Station - Whiptail Loop encumbrances remaining at time of sale. PR 04-38 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CARLSBAD MUNICIPAL WATER DISTRICT ROBERT J. WJCIK, wputy City Engineer GRANT DEED OF WATER LINE EASEMENT Carlsbad Oaks North Partners, 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 a public potable water pressure reducing facility, and appurtenances, 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 H:/Development SewcieslMasterslDeeds-Grant Deeds-EasementslGrant Deed of Water Line Easement 1 17438 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 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 1% day of Oct&flO df . GRANTOR: Carlsbad Oaks North Partners, L.P. a California Limited Partnership By: Sun Tech Investments Corp, a California Corporation Paul K. Tchang, President (print name and title of signatory) Bv: (sign here) (print name and title of signatory) Bv: (sign here) Bv: (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: HYDevelopment ServciedMasterslDeeds-Grant Deeds-EasementdGrant Deed of Water Line Easement 2 17439 State & C.alifornia I 1 County Of San Diego On or+-- 18. 7004beforeme, Kimberly L. Aeria, Notary Public personally appeared Paul K. Tchang El personally known to me -0R- 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 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(s) on the instrument the person(s), or the entity upon behalf of which the Dersonk) acted. executed the instrument. (This area for official notary seal \I WITNESS, my hand and official seal. Title or Type of Document Grant Deed of Water Line Easement No. of Pages Date of Document ~ 9 Signer(s) other than named above CMWD C:\Dccurnents and Settings\mashe\Local Settings\Temp\GWVieweAGRANT DEED-CITY (REAL PROPERTY) 6-1-OO.doc 611 I00 17440 OCTOBER 26, 2004 J.N. 961005 PAGE 1 OF 1 EXHIBIT 'A' LEGAL DESCRIPTION WATER LINE EASEMENT C.T. 97-13 P.R. 04-38 A PORTION OF LOT 6 AND 7 OF CARLSBAD TRACT 97-13, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.\q92b, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, &c. IS'k , mocf , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 6, SAID CORNER THE RADIAL TO SAID CORNER BEARS SOUTH 74'12'13" WEST; THENCE, BEING ON THE ARC OF A 736-FOOT RADIUS CURVE CONCAVE TO THE EAST, ALONG CURVE FEET; SOUTH 40.00 THE EAST LINE OF SAID LOT 6, SOUTH ALONG THE ARC OF SAID THROUGH A CENTRAL ANGLE OF 02'03'48" A DISTANCE OF 26.50 73'41'51" WEST 25.27 FEET; THENCE NORTH 16'18'09" WEST FEET; THENCE NORTH 73'41'51'' EAST 10.98 FEET TO A POINT ON THENCE, LEAVING SAID EAST LINE NON-TANGENT TO SAID CURVE, THE NORTH LINE OF SAID LOT 6, SAID NORTH LINE ALSO BEING THE SOUTH LINE OF LOT 7 OF SAID MAP; THENCE, LEAVING SAID SOUTH LINE, NORTH 73'41'51'' EAST 14.29 FEET TO A POINT ON THE EAST LINE FOOT RADIUS CURVE CONCAVE TO THE EAST, THE RADIAL TO SAID POINT BEARS SOUTH 75'15'16" WEST; THENCE, ALONG SAID EAST LINE, SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01'03'03'' A DISTANCE OF 13.50 FEET TO THE POINT OF BEGINNING. OF SAID LOT 7, SAID POINT BEING ON THE ARC OF A NON-TANGENT 736- AREA = 1,004 SQ. FT. 17441 CONSULT Q?2L- 2710 Loker Avenue West Suite 100 Carlsbod. Califorma 92008 CITY OF - OCEANSIDE WATER LI N E EASEMENT VCINIW MF NO SCAL€ 760-931 -7700 CARLSBAD MUNICIPAL WATER DISTRICT Fax: 760-931 -8680 APPROVED BY: DEf UA' CIA' €NGIN€ER WILLIAM E. PLUMMER R.C.E. 28176 EXP. 3/31/06 kdi4& nMOw 0. CIWROLL, J. L.S. 7700, &XI? 12/31/04 UGW I? 0.0. POINT Of BEGINNING LOT LINE RlGffT-OF- WA Y LINE EAS€MENT LINE ---- ---- SHEET I OF 2 SHEETS c.7: 97-13 A.P.N. 209-050-23 P.R. 04-38 DATE OCT. 18. 2004 MSlS OF BWINGS TffE BASIS Of BEARINGS IS WE BEARINGS BETWEEN PI: NO. 78 AND POINT NO. 71 AS SAID COORDINA KS ARE P UBLISffED IN TffE CITY OF CARLSBAD SURVEY CONTROL NEWORK ESTABLISffED BY flLED IN TffE OfflCE Of TffE fEBRUARY 4 2002; LL N262'8'20'~ RECORD OF SURVEY NO. rim, SAN DIEGO couwy RECORDER ON .. .. CARLSBAD MUNICIPAL WATER DISTRICT c c U C C t U C c > C c - + - - -e d C C h E SHEET 2 OF 2 SHEETS \ \ \ APPROVED BY: DEPUTY CITY ENGINEER WII I IAM F PI IIMMFR \ \ \ \ CI: 97-13 A.P.N. 209-050-23 P.R. 04-38 0’ 20’ 10’ SCALE: 1” = 20’ \ \ \ ~73’41’51 “E 25.27’ LOT 6 \ \ \ \ \. \ \ \ C 0 N SU LTdNTS 2710 Loker Avenue West Suite 100 Corlsbod, California 92008 760-931 -7700 FOX: 760-931 -8680 351005\9605AP1016-7 dug Ocl 26. 2W4 B: 18om WATER LINE EASEMENT ,,,,., -. .L”..ll..L.. I R.C.E. 28176 EXP. 3/31/061 DATE OCT. 18, 2004 17443 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated October 18, 2004, from Carlsbad Oaks North Partners, L.P., to the 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, is hereby accepted by the Board of Directors of the Carlsbad Municipal Water District, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: December 13,2004 / KAMN KUWZ, @stant Secretary