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Home My WebLink AboutMS 00-10; Newport National Cornerstone LLC; 2001-0366642; Easementl . RECQRDING AEQUESTEDBY LAWYERS Ttq& * 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 it is to the benefit of the (Gov. Code [6103].) 6451 DOE 8 2001-0366$42 Jun 05b 2001 11:Ol RM lFFIM# limlRlE ffl&iDEy (iiou&f liagD$Rgg Fiig : ’ 0.; l~~ll~llllllll~~l~~lll 2001-0366642 Space above this line for Recorder’s use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ O.OO#t#Z& ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. Assessor’s Parcel No.: 209-081-02-00 Project No. & Name: MS 00-l 0 Atrium II, PR 00-13 ( ) 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 Newport National /Cornerstone, LLC, a California limited liability company 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 Eng\Word\Masters\Forms\Grant Deed of Water Line Easement 1 08/l 7l98 Rev. 9’ < ‘ 6452 reconstructing said facility. I * 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 13 day of&m-/ 20 01 . GRANTOR: Scott R. Brusseau, President (print name and title of signatory) By: (sign here) By: (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.) APPROVE h AS TO FORM: DAMlEt B. BROWER, Deputy General Counsel Eng\Word\Masters\Forms\Grant Deed of Water Line Easement 08/l 7198 Rev. 6453 I’ STATE OF CALIFORNIA COUNTY OF SAN DIEGO On APRIL IS:, 2001 before me, R MJr PATg‘L Notary Public, personally appeared SW-R R . ;BQusSew A,J~ JEFFPJ A -BeoW” TV q personally known to me - or q proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/z subscribed to the within instrument and acknowledged to me that he/she/they executed the same in - hislher/tEr 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. (Signature of Notary) .-- COMM. #1227830 ;;I Notary Public-California e SAN DIEGO COUNTY chrun. Exp. July 2,2003 i Rev. 06/04/96 6454 4/25/O 1 EXHIBIT 'A' LEGAL DESCRIPTION FOR WATER EASEMENT PR 01-13 PARCEL 'A' THAT PORTION OF LOT 2 OF CARLSBAD TRACT 74-21, UNIT 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982, AS FILE/PAGE NO. 82-101695, OF OFFICIAL RECORDS, SAID EASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 2, THENCE ALONG THE NORTHERLY LINE THEREOF 1. NORTH 87'22'31" EAST 2. SOUTH 02'37'04" EAST 3. SOUTH 87'22'31" WEST 4. SOUTH 42'43'19" WEST 5. SOUTH 01'55'54" EAST 6. SOUTH 88'04'06" WEST 7. SOUTH 01'55'54" EAST 8. NORTH 88'04'06" EAST 9. SOUTH 01'55'54" EAST 10. SOUTH 04'17'13" EAST 11. SOUTH 02'37'29" EAST 12. SOUTH 87'22'31" WEST 13. SOUTH 02'37'29" EAST 14. NORTH 87'22'31" EAST 15. SOUTH 02'37'29" EAST WTR-LEGAL 140.81 FEET; THENCE LEAVING THE SAID LINE 15.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE 83.69 FEET; THENCE 38.36 FEET; THENCE 161.25 FEET; THENCE 8.00 FEET; THENCE 10.00 FEET; THENCE 8.00 FEET; THENCE 21.12 FEET; THENCE 44.55 FEET; THEN 15.24 FEET; THEN 13.17 FEET; THEN 10.00 FEET; TH 13.17 FEET; THENCE 104.93 FEET; THENCE Page 1 of3 6 6455 4/25/o 1 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. NORTH 88'14'35" EAST NORTH 02'37'29" WEST NORTH 87'22'31" EAST NORTH 02'37'29" WEST SOUTH 87"22'31" WEST NORTH 02'37'29" WEST NORTH 04'17'13" WEST NORTH 01'55'54" WEST NORTH 42'43'18" EAST NORTH 87"22'31" EAST NORTH 02'37'08" WEST SAID PARCEL CONTAINS 10,327 PARCEL 'B' SQUARE 20.00 FEET; THENCE 32.43 FEET; THENCE 33.08 FEET; THENCE 20.00 FEET; THENCE 33.08 FEET; THENCE 78.33 FEET; THENCE 44.43 FEET; THENCE 183.74 FEET; THENCE 21.94 FEET; THENCE 75.47 FEET; THENCE 20.00 FEET TO THE TRUE POINT OF BEGINNING. FEET, MORE OR LESS BEGINNING AT A NORTHWESTERLY CORNER OF SAID LOT 2, THENCE ALONG THE NORTHERLY PROPERTY LINE THEREOF 1. NORTH 87'22'31" EAST 140.81 FEET; TO A POINT ON THE NORTHERLY PROPERTY LINE, SAID POINT ALSO BEING THE NORTHWEST CORNER OF A 15 FOOT WATER EASEMENT PER DOC. NO. 89- 290565 RECORDED JUNE 1, 1989, THENCE LEAVING THE SAID LINE 2. SOUTH 02"37'04" EAST 3. SOUTH 87O22'56" EAST 4. EASTERLY 32.27 FEET; THENCE 16.46 FEET TO THE BEGINNING OF A 192.5 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE 55.01 FEET THROUGH A CENTRAL ANGLE OF 16'22'20" TO THE TRUE WTR-LEGAL Page 2 of 3 6456 4/25/o 1 5. SOUTH 15"08'30" WEST 6. SOUTH 75'43'31" EAST 7. NORTH 15'08'30" EAST POINT OF BEGINNING, ALSO BEING A POINT ON THE WESTERLY LINE OF A 15 FOOT WATER EASEMENT PER DOC. N0.89-290565 RECORDED JUNE 1, 1989; THENCE LEAVING SAID LINE 18.22 FEET; THENCE 10.00 FEET; THENCE 18.07 FEET TO A POINT ON A NON- TANGENT 192.50 FOOT RADIUS CURVE CONCAVE SOUTHERLY AND RADIAL FROM SAID POINT BEARS N16O37'48"E; THENCE ALONG THE ARC OF THE SAID CURVE 8. WESTERLY 10.00 FEET THROUGH A CENTRAL ANGLE OF 2"58'36" TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINS 182 SQUARE FEET, MORE OR LESS. BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN SSIONAL LAND SURVEYORS ACT. MIGUEI[ A. MARTINEZ P.L.S. 7443 WTR-LEGAL Page 3 of 3 . OF i&tRINGS. EXHIBIT ‘B’ TPOB . . l . Ir 1rl-n THE BASIS OF 6 EARINGS IS THE NW?lFjE/XY PARCEL "A' 043-l PROPERTY LINI !; LE. N8722’31”E P.O.B. - -N8722'3l*c _ 8Asls OF BEARINGS , - / 251.50' $7 PARCEL 'A'& 'B' ml/ A!’ i Bw Y/y/// I n I I \ \ \ I, RLSBAD TRACT NO. 74~2j MAP NO. jO372 EX. 75' WATER EASEMENT PER 89-290565, OR. MAP NO. 10372 lf+&$@/ FM DATA TABLE WGlJtL- A, MARTlNEZ P.LS. 7&3 DAlE &. sEsm72w2 ‘CARLSBAD fvl@dCPAL V!/A’ER DISTRICT JAKEJ 4-25-01 ?CALE: 1“ = 60' I.P.N. 209-081-02 WATER EAkulEl+@ PLAT DRAW BY ~ART~IERS ENGJG LOTM; ;; ;;-21 PFI OH3 SHEEt 1 OF2 EXHIBIT ‘B’ 6458 L/NE AND CURVE DATA TABULA?‘lONS LEGENDt B-B- PROPERTY LINE WAER EASEMENT DEDiCAKD HEREON PARCEL A; AREA=14327 SF (0.237 AC) WATER EASEMENT DEDICATED HEREON PARCEL 19; AREA=182 SF (0.004 AC) CURETABLE NO. DtLTA/BR;m; RADIUS LENGTH Cl 0238'36" 192.50' 10.00' c2 16'22'20' 192.50' 55.01' THIS PLAT WAS PREPARED BY ME OR UNDER MYDlREC?lON MlGbfEL A. MARlVKZ P.L.S. Ph. (858) 695-3344 Fax: (858) 6953117 CARLSBAD MUNICIPAL WATER DISTRICT DA E: 4-25-01 SCALE 1" = 60' 4.P.N. 209-081-02 RAWNBK WATER EASEMENT PLAT PARTNERS ENG'G: LOT 2 CT. 74-21 PR OH3 MS 00-10 SHEEE 2 OF2 2: 55WESMT.dwg 4-25-01 3: 12: 16 pm ES1 6459 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF WATER LINE EASEMENT dated April 13.2001, from NEWPORT NATIONAL/CORNERSTONE, LLC, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, 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:w