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Home My WebLink AboutPD 08-06; CARLSBAD UNIFIED SCHOOL DISTRICT; 2010-0531616; Easement8 RECORDING REQUESTED BY: Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water District 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].) DQCtt 2010-0531616 OCT05, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: The undersigned grantor(s) declare.(s): 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. ( ) Unincorporated area: (x) City of Carlsbad, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. SPACE ABOVE THIS LINE FOR RECORDER'S USE 205-140-35Assessor's Parcel No.: Project ID: Related Project ID: Related Project ID: Project Name: PD 08-06 PR 10-22 Carlsbad High School Modernization GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Carlsbad Unified School District, a political subdivision of the State of California, Grantor(s), 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, a public water easement. Purpose: the public water 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. 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 l • 9055 t 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". Exhibit "B" is attached for clarity only. Executed by the Grantor this M day of/y^ 20 & . GRANTOR: (print name and title of signatory) (sign here) (print name and title of signatory) (Notarial acknowledgement of execution of GRANTOR must be attached.) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one 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.) This documenUSed tor rtoort by LAWYERS TITLEas an accommodation only. It has not been examined as to Us execution or as to Bs affect upon title. 9056 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ' County of Date personally appeared Name(s) of Slgner(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person^ whose name(s)^/^ subscribed to the within instrument and acknowledged to me that he/s^/tflwexecuted the same in his/^/ttjw authorized capacity(ie^, and that by his/fVeV/tr^r signature^ on the instrument the pe which the perso n or the entity upon behalf of acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ OPTIONAL - Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:/^-^-*/^ Document Date: LULAM4& <£r.. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: n Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual n Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ®2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402' www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 9057 EXHIBIT A LEGAL DESCRIPTION WATER EASEMENT PR 10-22 ALL THAT PORTION OF TRACT 249 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 9, 1915, DESCRIBED MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 249, ALSO BEING THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY OF CHESTNUT AVENUE, BEING 60 FEET IN WIDTH, WITH THE WESTERLY RIGHT-OF-WAY OF MONROE STREET, BEING 60 FEET IN WIDTH; THENCE SOUTH 87°57'30" WEST 571.92 FEET ALONG THE SOUTH LINE OF SAID TRACT 249 TO THE TRUE POINT OF BEGINNING; THENCE NORTH 02°02'30'WEST 3.50 FEET; THENCE SOUTH 87°57'30" WEST 8.00 FEET; THENCE NORTH 02°02'30'WEST 2.50 FEET; THENCE SOUTH 87°57'30" 5.00 FEET; THENCE SOUTH 02°02'30"EAST 6.00 FEET TO SAID NORTHERLY RIGHT-OF-WAY; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY NORTH 87°57'30" EAST 13.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 58 SQUARE FEET MORE OR LESS. Page 1 of2 ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED "EXHIBIT B" THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT. SIGNATURE DATE PAUL E. GOEBEL, LS 8486 7/28/2010 Page 2 of2 EXHIBIT B PR 10-22 9059 TRACT 249 SEE DETAIL S87'57'30"W THUM LANDS MAP 1681 SE COR. TRACT 249 (POINT OF COMMENCEMENT) 571.92' P.O.B CHESTNUT AVENUEcSCALE: 1"= 100'\ S87'57'30"W N02<02'30"W 2.50' N 02*02*30" W 3.50' P.O.B DETAIL SCALE: 1"=5' SITE INDICATES PROPOSED WATER EASEMENT 58 S.F. +/-VICINITY MAP NOT TO SCALE CORTSTERSTOTSIE ENGINEERING, XTSIC. 208 OAK STREET 717 PIER VIEW WAY BAKERSFIELD, CA 93304 OCEANSIDE. CA 92054 TEL (661)325-9474 TEL: (760)722-3495 CONSULTING CIVIL ENGINEERING AND LAND SURVEYING CARLSBAD MUNICIPAL WATER DISTRICT APN: 205-140-35 DATE: JULY 28, 2010 SHEET 1 OF 1 9060 CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated August 24, 2010, from the Carlsbad Unified School District, a California limited liability company, to the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, 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 Resolution No. 996, adopted on September 9, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: October 4, 2010 S>1ERRY^EISINGBR, Deputy Secretary