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Home My WebLink AboutPR 04-14; Real Estate Collateral Management Co; 2004-0490619; EasementRECORDED AT THE REQUEST OF CHICAGO TITLE C0"Y SUBDIWSION DEPT 14771 DOC # 2404-0490619 RECOP-DING 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 [SI 031.) Space above this line for Recorder's use. \- The undersigned grantor(s) declare(s): Assessor's Parcel No.: 213-1 12-04 Documentary transfer tax is $ 0.00F Project No. & Name: CT 02-24 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad , and Village of La Costa, The Greens encumbrances remaining at time of sale. PR 04-14 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CARLSBAD MUNICIPAL WATER DISTRICT - ROBERT J. W&IK, Depuflity Engineer GRANT DEED OF WATER LINE EASEMENT Real Estate Collateral Management Company, a Delaware Corporation, 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 a public waterline 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 1 H:IDevelopment ServcieslMasterslDeeds-Grant Deeds-EasementdGrant Deed of Water Line Easement 147312 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 qN day of !idrcA(. 20w . GRANTOR: Real Estate Collateral Management Company a Delaware Corporation -- I (sign here) Fred R. Schimel, Vice President (print name and title of signatory) By: (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: Deputy 6ty Attorney H:/Development ServciesMasterslDeeds-Grant Deeds-EasementslGrant Deed of Water Line Easement 2 14773 State of Illinois )ss County of Cook ) Personally appeared f--tzA> zidI;.p/ Spersonally known to me 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. On Lidid q, , before Gee, b~ a*& e" Huwo kb - -vr VW-J Signature of Notary Public wlT&SS my hand State of Illinois )ss County of Cook ) On , before me, Personally appeared ,O personally known to me 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 signatures 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 Notaly Public 14774 EXHIBIT “A” LEGAL DESCRIPTION WATERLINE EASEMENT PR 04-14 THAT PORTION OF LOT 137 OF CARLSBAD TRACT 02-24, LA COSTA GREENS NEIGHBORHOODS 1 .I I, 1.13,1.14, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. Iv8O7 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON 27 ,2004, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 137; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 137, SOUTH 79’59’34” WEST, 358.30 FEET; TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 10’01’37” WEST, 43.58 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF BlXBlTE PLACE AS SHOWN ON SAID MAP NO. I Yko7 , SAID POINT AND RIGHT OF WAY TO BE ON A 48.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 10’01’37” EAST, AND THE POINT OF TERM1 NUS. THE SIDELINES OF SAID 20.00 WIDE STRIP OF LAND TO BE SHORTENED OR ENTENDED SO AS TO TERMINATE NORTHERLY IN THE SOUTHERLY RIGHT OF WAY LINE OF BlXBlTE PLACE, AND SOUTHERLY IN THE SOUTHERLY LINE OF LOT 137. Page 1 of 2 M:V352\70\LegalsMO I CMWD-LEGAL.doc JN 2352-70 2/27/2004 14773 CONTAINS 0.020 ACRES, MORE OR LESS. %/-ZOO# DAVID \It. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. M:V352\70\Legals\AOl CMWD-LEGAL.doc JN 2352-70 2/27/2004 Page 2 of 2 I DATE: 2/27/2004 - A.P.N.: 2 r3- I 12 *Oq - 14776 THE BASIS OF BEARINGS FOR THIS DRAWING IS THE CALIFORNIA COORDINATE SYSTEM - 1983, ZONE VI, BEARINGS BETWEEN STATION CLSB- 153 AND STATION CLSB-070 AS SAID COORDINATES ARE PUBLISHED IN THE CITY OF CARLSBAD SURVEY CONTROL NETWORK ESTABLISHED BY RECORD OF SURVEY MAP NO. 17271, NLED IN THE OFFICE OF THE SN DIEGO COUNTY RECORDER ON FEBRUARY 8, 2002. IE: N 36'47'12" W REFERENCED BDRINGS FROM OTHER DOCUMENTS/DEEDS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. THE COMBINED SCALE FACTOR AT STATION CLSB-153 IS 0.999960800. GRID DISTANCE = GROUND DISTANCE X COMBINED SCALE FACTOR. 1991.35 EPOCH, NORTH AMERICAN DATUM OF 1983 (NAD83), GRID A PORnON OF LOT 137, OF (XRLSRW TRACT 1.11, 1.13, 1.14, MAP NO. lY807 02-24, LA COSTA GREENS, NEIGHBORUOODS PR 04-14 EXHIBIT "B" m P. 0. c. T. P. 0. B. OF MARCOS PROJECT SITE INDICATES WATER EASEMENT AREA = 0.020 ACRES INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING VICINITY MAP NOT TO SCALE HUNSAKER & ASSOCIATES DAVID W. AMBLER L.S. 7322 SAN DIEGO, INC PLANNING 10179 Hwnnekens Street EXP. 1 2/3 1 /05 ENGINEERING San Diego, Ca 92121 R: \03X)\Wap\EP-La Costa-cmwd-1-1 .dwgFeb-27-2004: 11: 30 JN. 2352-70 SURVEYING PH(858)558.4500. fl((858)558-1414 SHEET 1 OF 2 0 HUNSAKER & ASSOCIATES SAN DIECO, INC SCALE 1 ”= 40 ’ PLANNING 10179 Hwnnekem Street NCINEERING San Diego, Ca 92121 SURVEYING PH(858)558-4500. FX(858)55&1414 :\033O\Wap\EP-La Costa-cmwd-1-2.dwgMar-12-2004 10 50 JN. 2352-70 SHEET 2 OF 2 WATER WEMENT PLAT - CARlSR4D MUNICIPAL WATER DISTRICT )ATE: 2/27/2004 W.N.: 213 -1\2--0q A PORnON OF LOT 137, OF CARLSBAD TRACT 02-24, LA COSTA GR€ENS, NEIGHBORHOODS 1.11, 1.13, 1.14, W NO. Ih‘g07 PR 04-14 EXHIBIT ”B” 14778 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated March 4, 2004, from Real Estate Collateral Management ComDanv, A Delaware Corporation, 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 Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: May 24,2004