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Home My WebLink AboutCT 99-20; Genstar Southwest Carlsbad, LLC; 2000-0566944; EasementI! . 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].) 4727 DOC # 2000-0566944 clct 205 2000 II:552 AM IFFICIEIL REcaRDs Sill DIEGO CUiTY RECORDER’S OFFICE GREWRY J.&MTHs COUNTY RECORDER oci 0.00 ta Space above this line for Recorder’s use. I (4 fi The undersigned grantor(s) declare(s): Assessor’s Parcel No.: 212-092-33-00 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. Project No. & Name: CT 99-20 Palomar Heights Plaza ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CARLSBAD MUNICIPAL WATER DISTRICT GRANT DEED OF WATER LINE EASEMENT Genstar Southwest Carlsbad, LLC 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, 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 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. Eng\Word\Masters\Forms\Grant Deed of Water Line Easement 08/l 7198 Rev. 1 L, .” 4728 . ‘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 $8 %ay of +&..K 20 00 . GRANTOR: GENSTAR SOUTHWEST CARLSBAD, LLC By: I/L-b La DGNNA K. h?oi%~8 ‘c(sig% here) Vice Chairman and President -c.m (sign here) Vice Chairman, Chief Operating Officer and Secretary (title of signatory) By: (sign here) (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.) BALL, GENERAL COUNSEL B. BROWER, Deputy General Counsel Eng\Word\Masters\Fors\Grant Deed of Water Line Easement 08/I 7198 Rev. . g .I, . 4729 . CALIFORNIA ALL-PuRPosE ACKNOWLEDGMENT ’ d”Ls.w personally appeared R Name(s) of Signer(s) personally known to me -OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) 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. JUQ.~ Signature of No@ Public Though the inrbtmetion below is not required by law, it may pfove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of thi?s fom~ to another document. Description of Attached Document Title or Type of Document /-g LLkz&J&/+ v Document Date: Number of Pages: % Signer(s) Other Than Named Above: & c.. &d Capacity(ies) Claimed by Signer(s) Signer’s Name: &6-&---d /hhlleJ( Signer’s Name: G Individual a Individual Cl Corporate Officer cl Corporate Officer Title(s): c3 Partner - a Limited Ii General E Attorney-in-Fact D Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: I I I I cl cl 0 a a Title(s): Partner - a Limited U General Attorney-in-Fact Trustee Guardian or Conservator Other: Signer is Representing: u . ,a : 4730 CALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT ’ 3hd-ud d! &w. & /-z&d&x/, Name and Title of Of!kar ( “Jane Doe. Notary #&dh&) personally appeared LPdk/uL fL=%eaJ I Name@) of Signer(s) known to me -OR - Cl proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they FI<ANCi% A. ELGAS executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) 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. 3 L-P--%& Signature of Nota&!dblic OPTIONAL Though the intiormation below is not mquinsd by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fom to another document. Description of Attached Document Title or Type of Document: &-h-c - 6x hGTz&?cs,&*~~ n v Oocument Date: k 28.2ooa Number of Pages: s Signer(s) Other Than Named Above: ~/elAwUL~. Capacity(ies) Claimed by Signer (s) Signer’s Name: d4cLLbfl.u Signets Name: G Individual 0 Individual Cl Corporate Officer El Corporate Officer Title(s): TiUe( s): 17 Partner - 0 Limited ci General Cl Partner - Cl Limited Cl General Q Attorney-in-fact 0 Attorney-in-fact El Trustee G Guardian or Conservator E Other: 0 Trustee 0 Guardian or Consen/ator Cl Other: Signer is Representing: Signer is Representing: -vn ,,.,:1”-11 . 7” :- m Tco c! *rum here I Ll 4731 EXHIBIT “A” LEGAL DESCRIPTION--WATER EASEMENT NO. 1 PR 00-75 ALL THAT PORTION OF LOT 10 CARLSBAD TRACT NO. 8 l-46, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11287, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 151985, SAID EASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 10, SAID CORNER BEING A POINT ON A 60.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID CORNER BEARS SOUTH 88”4 1’00” EAST; THENCE SOUTHERLY ALONG THE EASTERLY PROPERTY LINE OF SAID LOT 10, ALONG AN ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03”19’36” A DISTANCE OF 3.48 FEET TO A POINT WITH A RADIAL BEARING NORTH 87”59’24” EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING AN ARC ALONG SAID CURVE AND SAID PROPERTY LINE THROUGH A CENTRAL ANGLE OF 13”12’54” A DISTANCE OF 13.84 FEET TO A POINT WITH A RADIAL BEARING NORTH 74’46’30” EAST; THENCE LEAVING SAID PROPERTY LINE SOUTH 70’59’29” WEST 299.50 FEET; THENCE SOUTH 18’56’3 1” WEST 12.85 FEET; THENCE NORTH 88’03’48” WEST 68.53 FEET; THENCE NORTH 01’56’12” EAST 3 1 .OO FEET; THENCE NORTH 88’03’48” WEST 4.00 FEET; THENCE NORTH 01’56’12” EAST 14.00 FEET; THENCE SOUTH 88”03’48” EAST 4.00 FEET; THENCE NORTH 01’56’12” EAST 9.00 FEET; THENCE SOUTH 88”03’48” EAST 9.23 FEET; THENCE SOUTH 57”55’35” EAST 39.84 FEET; THENCE NORTH 88’03’48” WEST 23.68 FEET; THENCE SOUTH 01’56’12” WEST 14.00 FEET; THENCE SOUTH 88”03’48” EAST 34.45 FEET; THENCE NORTH 70”59’29” EAST 3 15.90 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,395 SQUARE SEE EXHIBIT “B” ATTACHED HERETO. JORGE H. PALACIOS, R.C.E. 3203 1 FEET, MORE OR LESS. C.M.W.D. 99-218 1 OF2 G:\notes\567-99Exhibit A3.wpd . 4732 EXHIBIT “A” LEGAL DESCRIPTION--WATER EASEMENT NO. 2 PR 00-75 ALL THAT PORTION OF LOT 10 CARLSBAD TRACT NO. 81-46, UNITNO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11287, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 15,1985, SAID EASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 10; THENCE ALONG THE NORTHEASTERLY PROPERTY LINE OF SAID LOT 10 SOUTH 3 lo 15’47” EAST 20.00 FEET; THENCE LEAVING SAID PROPERTY LINE SOUTH 58”44’13” WEST 9.46 FEET; THENCE SOUTH 33”56’12” WEST 287.15 FEET; THENCE SOUTH 56”03’48” EAST 10.00 FEET; THENCE SOUTH 33”56’12” WEST 20.00 FEET; THENCE NORTH 56’03’48” WEST 10.00 FEET; THENCE SOUTH 33’56’12” WEST 66.00 FEET; THENCE NORTH 56’03’48” WEST 20.00 FEET, THENCE NORTH 33”56’12” EAST 377.55 FEET TO A POINT ON THE NORTHWESTERLY PROPERTY LINE OF SAID LOT 10; THENCE ALONG SAID PROPERTY LINE NORTH 58’44’13” EAST 13.86 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 7,940 SQUARE FEET, MORE OR LESS SEE EXHIBIT “B” ATTACHED HERETO. JORGE H. PALACIOS, R.C.E. 3203 1 C.M.W.D. 99-218 2OF2 G:\notesk567-99lExhibit AZ.wpd E%HlBlT g, SHEET 1 OF 3 SAN MARCOS CITY OF ENCINITA VICINITY MAP NO SCALE C.U.W.D. 99-218 1 A.P.N. 212-092-33 WARTRUNE EASEldENT PUT Iv LOT 10 CAlpLslaAo mcrAlyll81-16bM1Mot1wm11287 ;cAE 1”=5D’ JP ENGINEERING, INC. JOB NO . 4849 RONSON COURT, SUITE 105 587-99 )ATE 7-24-2WO SAN DIEGO, CA 92111 DWG. NO. )RAWN: KW APRW: JF’ (858) 569-7377 FAX (858) 569-0830 PR-DO-75 SHEET 2 OF 3 EXIST. 200’ ESMT TO S.D.G.&E EXISTING 15’ SEWER ESMT. TO THE CITY OF CARLSBAD TO ME an OF CARLS~AD .- ..______ XIST. 45’ DRAINAGE ESMT. TO dE CIM OF CARLSBAD Paa’ MAP NO. 11287 CARLBBAD TRACJ’ ./ / NoA 8-J-46 i UNJT No. 1 ,,; MAP N0~-J-J287’ UZ ScAfE r-=50’ LEaNo WAlKRUNE EAXibfENT PUT Iv LOT to CARLslaAo IRACTM 8l-c6tMTM tlcApM tl2$7 SCALE 1”=50’ Je ENGINEERING, INC. . 4849 RONSON COURT, SUITE 105 567-99 IATE 7-24-2OOQ SAN DIEGO, CA 92111 DWG. NO. IRAWN: KW APRVD: JP (858) 569-7377 FAX (858) 569-0830 PR-00-75 * ~~~C~567-.,30~~67-EXt .DWG 4735 EXHl6lT ‘B@ \ SHEET 3F ~PAJ~. l n - En8 CARLBBAD TRACl DEDICATED HEREON No, Eli-46 UNIT, NOA -J MA? No2 11287 EXIST. 200’ ESMT TO S.D.G.&E. CO. LEGEND PROPOSED EASEMENT U.W.D. 9948 1 1 A.P.N. 21249243 WA TERUNE EASMEN T PLA T IVLOTlO- MCTMCL 8l-c6lMTM 1AWhlyx 11287 ALE: 1”=50’ ,TE: 7-24-2000 ‘AWN: KW APRM): JP JP ENGINEERING, INC. 4849 RDNSDN COURT, SUITE 105 SAN DIEGO, CA 92111 (858) 569-7377 FAX (858) 569-0830 JOE NO . 567-99 DWG. NO. PR-00-7: ., - ,, , 4736 CERTIFICATION FOR ACCEPTANCE OF DEED ” 8’ .,,:. k __$:_‘: _’ ‘:p@ 3, J^lj:. :. i iwy$l,,i;: -, 2 ‘,j , ,.i I, i “,,<,’ ,,;, ‘: ‘I,_ : : ‘. ‘I i,. i: ! i i. > ; , . . I’:, ,, :_ _, i >, ._ :. ,, .: ‘_ This is to certify that the interest in real property conveyed by the deed or grant ._s’: dated September 2@%00, from Get&at Southwest Carisbad, LLC, to.the Carlsbad ‘_ s e Municipal W&r Distti$ a Public Agency organized under the Municipal Water Act of 1911, and a $ubsidiary”Districtof the City of Carlsbad, a Municipal Corporation, is hereby accepted8‘by the city Council of the City of Cartsbad, California, pursuant to Ordinance No. NSq&, ado&@ on September 16, 1997; and the grantee consents to ,_ 1 ,’ <;:<‘q the recordation ther&&$;it~‘~ujy &ff&~&j&f#c~f~ :I : .; :: _: : ::: :: <, 1:. ,I,:$ ‘:r’ !‘,*:yg”-i :,,: ;,.s;;“, i: 1 ..a!., ,., ;, $.‘j I/, ‘, DATED: October 19,200O Deputy City Clerk