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Home My WebLink AboutSDP 00-06A; DAYBREAK COMMUNITY CHURCH OF COASTAL NORTH COUNTY; 2011-0146544; EasementDQCtt 2011-0146544 TV to? 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].) 10164 MAR 18, 2011 3:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dmnenburg, Jr., 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 215-841-07Assessor's Parcel No.: Project ID: Related Project ID: Related Project ID: SDP 00-06(A) PR 10-16 Project Name: Daybreak Community Church GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Daybreak Community Church of Coastal North County, 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 H:\Development Services\PROJECTS\SDP FILES\SDP OOVSDP 00-06(A) Daybreak Church - Jimeno\Deeds-Easement\PR 10-16 Easement CMWD deed.doc 1 REV 4/15/10 10165 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". Exhibit "B" is attached for clarity only. Executed by the Grantor this c^ day of ^iulu 2QIOf GRANTOR: Daybreak Community Church of Coastal North County, A California Non-Profit Religious Corporation By: (sign here) Gary Webb, Executive Pasjerf^ice President Vs"^^°(prmt odrfj^nd tjHiof signatory) By /J^ T^7 / / /(sign here) JinTFord, Secretary (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.) H-\Development Services\PROJECTS\SDP FILES\SDP 00\SDP 00-06(A) Daybreak Church - Jimeno\Deeds-Easement\PR 10-16 Easement CMWD deed.doc REV 4/15/10 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 6^ State of California County of San D I tnh On vJltJi/ d$ otOlft personally appeared &before me. 4- Gctri/ tL>£h/37 \ D} / floe, r &nd QUfi//n«,f-*- Nfo-^aiv Pt.it> l/e. Here InsetTKame and Title of the Officer Name(s) of Signetfs) DIANE P. BUDINGER Commission # 1794232 B Notary Public - California § San Diego County - My Comm. Expires Apr 7.2012 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jfc/are subscribed to the within instrument and acknowledged to me that hWsjJS/they executed the same in bte/rjaf/their authorized capacity(ies), and that by jHs/Jj^r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Place Notary Seal Above WITNESS my hand and official seal. Signature. OPTIONAL - Signature of NotatylPublic U 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: Gf^On-/ Document Date: ^JU-ICV 33 3.01O flr Pii£>//r (JattL 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): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. Top of thumb here Signer's Name: D Individual D 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: Top of thumb here O2007National Nota^Asso<aatkxi«9350 DeSotoAve., P.O.BCK2402•Chatsworth.CA 91313-2402-www.NattonalNotary.org Item #5907 Reorder.CallToH-Free1-80l>87fr6827 REV 4/15/10 APN 215-841-07 EXHIBIT'A' Daybreak Church 6515 Ambrosia Ln. WATER EASEMENT Carlsbad, CA 92011 PR 10-16 LEGAL DESCRIPTION Being a portion of Lot 8 of City of Carlsbad Tract No. 92-3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13434, filed in the office of the county recorder of San Diego County, June 23,1997, more particularly described as follows: PARCEL 'A' Beginning at the most southeasterly comer of said Lot 8, said point being on the westerly Right-of- Way line of Ambrosia Lane, also being a point in the arc of a 1230.00 foot radius curve concave easterly; thence northerly along said Right-of-Way line and said curve through a central angle of 7°18'54", an arc distance of 157.03 feet to the southerly line of a Public Water Easement dedicated per File No. 2001-0656932, recorded Sept. 13, 2001, Official Records, thence leaving said Right-of- Way along said Easement line North 76°36'15" West, 210.70 feet to a point herein set out as Point "A"; thence continuing along said line North 76°36'15" West, 64.36 feet to the beginning of a tangent 290 foot radius curve, concave southerly; thence westerly along said curve through a central angle of 25°04'11", an arc distance of 126.89' to a point from which a Radial bears South 11°40'26" East; thence leaving said line North 11°40'26" West, 20.00 feet to a point on the northerly line of said Easement, said point being the True Point of Beginning of Easement Parcel 'A' being an Easement 20 feet in width, being 10.00 feet on each side of the following described line: From said True Point of Beginning North 11 °40'26" West, 23.58 feet. Containing 473 SF more or less. The sidelines of said easement to be extended or shortened to meet at angle points and to terminate at the said North line of said existing Easement. PARCEL B' Beginning at Point "A" as set out in Parcel 'A'; thence North 13°23'45" East 20.00 feet to a point on the northerly line of said existing Easement, said point being the True Point of Beginning of Easement Parcel 'B'; thence North 8°23'45" East, 106.06 feet; thence South 81°36'15" East, 5.81 feet; thence North 8°23'45" East, 10.00 feet; thence North 81036'15" West, 25.81 feet; thence South 8°23'45" West, 114.31 feet; thence South 76°36'15" East, 20.08 feet to the True Point of Beginning. Containing 2362 SF more or less. --%--EXHIBIT'S1 PoiNsirriALAN^~~ \\AAP 13434 LOT B BASIS OF BEARINGS MAP 13845 OPEN SPACE LOT 138 EASEMENT AREA "^s EASEMENT DATA BEARING LENGTH LINEAR SURVEYS 5972 BLACK RAIL RD. CARLSBAD, CA 760-717-3848 NDRTH SCALE l'=120 PARCEL 'A'=473 SQ.' n PARCEL 'B'=2362 SQ.' tf) ^\S) ^^? ^ ^^? ^? N11MO'26'W N11*40'26'W N13*23'45'E N8'23'45'E S81*36'15'E N8*23'45'E N81*36'15'W S8*23'45'W S76*36'15'E 20.00' 23.58' 20.00' 106.06' 5.81' 10.00' 25.81' 114.31' 20.08' NO SCALE CARLSBAD MUNICIPAL WATER DIS RICT DATEsOCT. 28, 2010 SCALE 1"=120' APN 215-841-07 WATER EASEMENT PLAT PORTION OF LOT 8 OF MAP NO. 13434 IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SHEET 1 OF 1 PR 10-16 REVISED CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated July 29, 2010 from Daybreak Community Church of Coastal North County 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: March 15, 2011 RRY f*REISINGEFT Debuty Secretary S-g *?» =:«/>.•.