Loading...
HomeMy WebLinkAboutPR 11-04; OLIVENHAIN MUNICIPAL WATER DISTRICT; 2011-0075526; EasementDQCtt 2011-0075526 RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT FEB08.2011 1:19PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dionenbutg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA PAGES: Related Project ID CUP 02-01 Project Name: Widening of Olivenhain SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor's Parcel No.: 255-031-03 Documentary transfer tax is $0.00 , Project ID: ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ~ Road and Rancho Santa Fe Road ( ) Unincorporated area: (x) City of Carlsbad, and GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Olivenhain Municipal Water District, a California Public Agency the owner of real property described herein located in the City of Carlsbad, San Diego County, California hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for PUBLIC STREET AND UTILITY PURPOSES over, under, upon and across said real property as described in Exhibit "A" consisting of two (2) pages, attached hereto and made a part hereof. Exhibit "B" consisting of four (4) pages is attached for clarity only. DATED Olivenhain Municipal Water District, A California Public Agency (Name of Company) (Print Name Here) (Title) By: (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY l&t-vHJ/^ PWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. (Sign Here)IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (Print Name Here) (Title) GRANT DEED OF EASEMENT CITY (1-24-08) RSF sidewalk reroute.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SftM"hlffflO On \)ANVMto\ * 7Cl! before me. Q)te personally appeared |^|^5^ J0HM CMtifafc, MflfAl^ Hera Insert Name and Title of the Officer J 1 L-W /^ /lH^1?-(M''c"\2-- "1 Name's) of Sigrwrfs) 1 D^gWA' 'I JOHN CARNEGIEI MyS»5Sr8l who proved to me on the basis of satisfactory evidence to be the personal whose namej$ is/ap6 subscribed to the within instrument and acknowledged to me that be/sheAh/y executed the same in tyisVher/tiyir authorized capacity (iei), and that by bfs/her/their signature^ on the instrument the person^), or the entity upon behalf of which the person{$ 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 andi official seal. Place Notary Seal Above Signature. OPTIONAL - Signature of Notary Pi Though the information below is not required by law, it may prove valuable to persons relying on the and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ______________ D individual D Corporate Officer — Title(s): Q Partner — D Limited D General D Attorney in Fact LJ Trustee G Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of Ihumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): O Partner — O Limited O General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb he ©2007 National Notary Assooation-9350 De Solo Ave.. P.O. Box 2402 •Ctiatsmrlh.CA 91313-2402-www.NationalNotaryofg Hum #5907 Roorder Call Toll-Free 1-800-876-6827 GRANT DEED OF EASEMENT CITY (1-24-08) RSF sidewalk reroute.doc Page 1 of2 EXHIBIT 'A' LEGAL DESCRIPTIONpp. U-04- A PORTION OF THAT CERTAIN PARCEL OF LAND IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, GRANTED TO THE OLIVENHAIN MUNICIPAL WATER DISTRICT BY GRANT DEED RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JUNE 19,1962, AT FILE/PAGE NO. 104122 OF OFFICIAL RECORDS, BEING THAT PORTION OF LOT 10 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 848, FILED IN THE OFFICE OF SAID COUNTY RECORDER, JUNE 27, 1898, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF SAID LAND GRANTED TO THE OLIVENHAIN MUNICIPAL WATER DISTRICT WITH THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF RANCHO SANTA FE ROAD (ROAD SURVEY 454-A), DEDICATED PER COUNTY ROAD EASEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MAY 4, 1954, IN BOOK 5226, PAGE 582 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, NORTH 19°44'35" WEST 400.28 FEET TO THE BEGINNING OF A NON- TANGENT 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 70° 11'00" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 121°43'28" AN ARC DISTANCE OF 53.11 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF- WAY LINE OF OLIVENHAIN ROAD (ROAD SURVEY 454), DEDICATED PER COUNTY ROAD EASEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JANUARY, 21, 1930, IN BOOK 1737, PAGE 4 OF DEEDS; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, SOUTH 38°23'08" WEST 198.82 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWESTERLY CORNER OF AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES GRANTED TO THE CITY OF CARLSBAD BY GRANT DEED FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY AUGUST 21, 2007 AS DOCUMENT 2007-0556029, AND SAID POINT LYING ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1486.17 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 41°31'16" EAST; THENCE ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID EASEMENT FOR THE FOLLOWING I:\07\7052A\PROD\Mapping\Legals & Plats\7052aPlatRev2.doc Page 2 of2 EXHIBIT 'A' LEGAL DESCRIPTIONPR. 11-04- TWO COURSES: THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°55'35" AN ARC DISTANCE OF 49.97 FEET; THENCE SOUTH 43°26'51" EAST 1.49 FEET; THENCE LEAVING SAID SOUTHEASTERLY RIGHT-OF- WAY LINE SOUTH 43°34'00" WEST 98.65 FEET; THENCE NORTH 45°32'59" WEST 0.50 FEET MORE OR LESS TO A POINT ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE OF OLIVENHAIN ROAD (ROAD SURVEY 454) ; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE NORTH 38°23'08" EAST 49.08 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 286 SQUARE FEET, MORE OR LESS. THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE CALIFORNIA COORDINATE SYSTEM NAD83 ZONE 6 AND IS BASED ON A LINE BETWEEN HPGN STATION "CA 11-07" AND HPGN STATION "LOMAX" PER RECORD OF SURVEY MAP NO. 14310, I.E. NORTH 79°05'25" WEST. THE DISTANCES STATED HEREIN ARE GROUND DISTANCES. THE COMBINED GRID FACTOR USED TO OBTAIN THESE DISTANCES IS 0.99996581 AT HPGN STATION "CA 11-07" WHICH HAS NAD83 COORDINATES OF: NORTH 1,992,2291.232 FEET, EAST 6,247,272.613 FEET. MULTIPLY GROUND DISTANCES BY 0.99996581 TO OBTAIN GRID DISTANCES. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. DOUGLAS W. MASSON R.C.EM7706 EXPIRES: 06-30-2011 9 -03-09 DATE 'o No. 17706 Exp. 06-30-2011 I:\07\7052A\PROD\Mapping\Legals & Plats\7052aPlatRev2.doc LEGAL DESCRIPTION: BEING A PORTION OF LOT 10 OF THE RANCHO LAS ENCINITAS SUBDIVISION, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 848 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO JUNE 27, 1898. ASSESSOR PARCEL NUMBER: 255-031-03 SITE ADDRESS: 1966 OLIVENHAIN ROAD OWNER/APPLICANT: OLIVENHAIN MUNICIPAL WATER DISTRICT 1966 OLIVENHAIN ROAD ENCINITAS, CA 92024 760-753-6466 BY: BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS CCS 83 ZONE 6, GRID BEARING BETWEEN STATION HPGN CA 11-07 AND STATION LOMAX PER RECORD OF SURVEY MAP NO. 14310, I.E. N 79'05'25"W THE COMBINED SCALE FACTOR AT STATION HPGN CA 11-07 IS 0.99995091. ALL DISTANCES SHOWN HEREON ARE GROUND DISTANCES; TO CONVERT TO GRID MULTIPLY THE GROUND DISTANCE X COMBINED SCALE FACTOR. THE CONVERGENCE ANGLE AT STATION HPGN CA 11-07 IS -00*33'51.61". BOUNDARY INFORMATION IS RECORD PER DOC# 2007-0556030 REC. 08/21/2007. VICINITY MAP NOT TO SCALE THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION. DOUGLAS; w. MASSON, R.C.E. 17706 EXPIRES 06-30-2011 SHEET 1 OF 4 GRANT OF EASEMENT - CITY OF CARLSBAD PP. U- APPLICANT: OLIVENHAIN MUNICIPAL WATER DISTRICT 1966 OLIVENHAIN ROAD ENCINITAS, CA 92024 760-753-6466 PREPARED BY: MASSON & ASSOCIATES, INC 200 EAST WASHINGTON AVE SUITE 200 ESCONDIDO, CA 92025 760-741-3570 PROJECT: OLIVENHAIN ROAD WIDENING 50 100 SCALE IN FEET GRAPHIC SCALE 1"=100' SEE DETAIL, SHEET 3 O.M.W.D. DOC# 104122 6/19/1962 LEGEND: PROPERTY LINE EASEMENT FOR RETAINING WALL AREA = 286 SF ± P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING SEE SHEET 4 FOR EASEMENT INFORMATION SHEET 2 OF 4 GRANT OF EASEMENT - CITY OF CARLSBAD APPLICANT: OLIVENHAIN MUNICIPAL WATER DISTRICT 1966 OLIVENHAIN ROAD ENCINITAS, CA 92024 760-753-6466 PREPARED BY: MASSON & ASSOCIATES, INC 200 EAST WASHINGTON AVE SUITE 200 ESCONDIDO, CA 92025 760-741-3570 PROJECT: OLIVENHAIN ROAD WIDENING EXHIBIT 'B' / SE'LY R/W LINE DATA NO. L1 L2 BEARING S43'26'51"E N45'32'59"W DISTANCE 1.49' 0.50' / A *0 /, X*/ <ks>V /•. O.M.W.D. DOC# 104122 REC. 6/19/1962 APN: 255-031-03 FOR LOT 10, LEGEND: PROPERTY LINE EASEMENT FOR P.O.C. T.P.O.B. [\ tAbtMtlNI I-UK I I I I \ RETAINING WALL AREA = 286 SF ± POINT OF COMMENCEMENT TRUE POINT OF BEGINNING 0 10 ^SCALE IN FEET GRAPHIC SCALE 20 SEE SHEET 4 FOR EASEMENT INFORMATION SHEET 3 OF 4 GRANT OF EASEMENT - CITY OF CARLSBAD PJ2-H-04; APPLICANT: OLIVENHAIN MUNICIPAL WATER DISTRICT 1966 OLIVENHAIN ROAD ENCINITAS, CA 92024 760-753-6466 PREPARED BY: MASSON & ASSOCIATES, INC 200 EAST WASHINGTON AVE SUITE 200 ESCONDIDO. CA 92025 760-741-3570 PROJECT: OLIVENHAIN ROAD WIDENING EXHIBIT 'B' EXISTING EASEMENTS: 7) EXISTING 20' WIDE ROAD EASEMENT / PER DEED REC. 12/29/1903 IN BK ^ 336, PG 297 OF DEEDS 2) EXISTING 30' WIDE ROAD EASEMENT PER DEED REC. 01/21/1930 IN BK 1737, PG 4 OF DEEDS j) EXISTING 60' WIDE ROAD EASEMENT PER DEED REC. 05/04/1954 IN BK 5226, PG 582, O.R. J) EXISTING 30' WIDE ROAD EASEMENT REC. 10/03/1961 AS FILE 172003, O.R. T) EXISTING 30' WIDE ROAD EASEMENT REC. 08/25/1961 AS FILE 149167, O.R. 6) APPROX LOCATION OF CL OF 5' WIDE EASEMENTS TO PACIFIC TELEPHONE AND TELEGRAPH CO. PER DEED REC 03/13/1981 AS DOC NO. 81-0773391 7) EXISTING 12' AND 4' WIDE EASEMENTS TO SDG&E. PER DEED REC 07/02/1965 AS FILE NO. 119081, O.R. 8) APPROX LOCATION EXISTING CL OF EASEMENTS TO SDG&E (NO WIDTH SPECIFIED) PER DEED REC 11/17/1948 IN BK 3019 PG 384, AS DOC NO 114756, O.R. g) APPROX LOCATION EXISTING CL OF EASEMENTS TO SDG&E (NO WIDTH SPECIFIED) PER DEED REC 12/1/1971 AS DOC NO 27938, O.R. W) EXISTING TRAFFIC SIGNAL EASEMENT TO THE CITY OF CARLSBAD REC 08/21/2007 AS DOC# 2007-0556030. 77) EXISTING PUBLIC STREET AND PUBLIC UTILITY EASEMENT TO THE CITY OF CARLSBAD REC 08/21/2007 AS DOC# 2007-0556029. FUTURE VACATIONS: (72) PORTION OF OLIVENHAIN ROAD TO BE VACATED BY SEPARATE DOCUMENT. SHEET 4 OF 4 GRANT OF EASEMENT - CITY OF CARLSBAD \\-cA APPLICANT: OLIVENHAIN MUNICIPAL WATER DISTRICT 1966 OLIVENHAIN ROAD ENCINITAS, CA 92024 760-753-6466 PREPARED BY: MASSON & ASSOCIATES, INC 200 EAST WASHINGTON AVE SUITE 200 ESCONDIDO, CA 92025 760-741-3570 PROJECT: OLIVENHAIN ROAD WIDENING CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated January 5, 2011, from the Olivenhain Municipal Water District, a California Public Agency, 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: January 31, 2011 /^9~^>\ 9HERRV^REISINGE^J)eputy Secretary *** *•J^r^ ^^A *\ty ^ f J