HomeMy WebLinkAboutSDP 06-04; Calavera Hills II LLC; 2007-0658082; Easement2876
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
fee as it is to the benefit of the
District (Gov. Code [6103].)
DOC# 2007-0658082
OCT12, 2007 10:49 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
b R E G 0 RY ,l .SMITH, CO U N TY R F CO Fi D E Fi
FEES 0.00
OC: NA
PAGES: 10
2007,
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.
Assessor's Parcel No.:
Project No. & Name:
Robertson Ranch East Village
Space above this line for Recorder's use.
168-050-47
SDP 06-04
Affordable Site
PR 07-23
CARLSBAD MUNICIPAL WATER DISTRICT
David A. Mauser, Deputy City Engineer
GRANT DEED OF WATER LINE EASEMENT
Calavera Hills II, 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
H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement
1
2877
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 )Qt£\ day of /\U6«J&1"20
GRANTOR: Calavera Hills II, LLC
a California limited liability company
By:
By: McMillin Companies, LLC
a Delware limited liability company
/ (sign here)
(print name)
1ST
By:
(prinMme)c
(sign here)N
Yprint name)
(print title)
(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:cv—fX^
Deputy^ity Attorney V
H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement
2
2878
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
}
}ss.
}
On August 10, 2007 before me, Ann M. Futo. Notary Public . personally appeared Brian Milich
and Don Mitchell, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that be/sbe/they executed the same in bts/bef/their authorized
capacity(ies), and that by bts/bef/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
ANN M. FUTO
Commission # 1546838
Notary Public - California
San Diego County
MyCornm. Expires Jan 23,
This area for official notarial seal
Notary Form-2 McMillin Companies
S879
APRIL 6, 2007
J.N. 011014
EXHIBIT 'A'
LEGAL DESCRIPTION
WATER EASEMENT
P.R. 07-23
PARCEL 'A'
THAT PORTION OF LOT 1 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH
EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. I5&O& , FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO
g>gPTgmBgR. l&jXfl. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 1; THENCE ALONG
THE EASTERLY LINE OF SAID LOT 1 SOUTH 08°20'52" EAST, 30.00 FEET
TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF GLEN AVENUE; THENCE
LEAVING SAID EASTERLY LINE AND ALONG SAID SOUTHERLY RIGHT-OF-WAY
SOUTH 81°39'08" WEST, 83.07 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY SOUTH 08°20'52" EAST,
100.60 FEET; THENCE SOUTH 22°06'22" EAST, 54.17 FEET; THENCE SOUTH
81°39'08" WEST, 20.59 FEET; THENCE NORTH 22°06'22" WEST, 17.89
FEET; THENCE SOUTH 80°53'44" WEST, 10.44 FEET; THENCE NORTH
09°06'16" WEST, 10.88 FEET; THENCE NORTH 60°37'25" EAST, 7.79
FEET; THENCE NORTH 22°06'22" WEST, 13.47 FEET; THENCE SOUTH
81°39'08" WEST, 145.24 FEET; THENCE SOUTH 08°20'52" EAST, 17.18
FEET; THENCE SOUTH 81°39'08" WEST, 10.00 FEET; THENCE NORTH
08°20'52" WEST, 37.18 FEET; THENCE NORTH 81°39'08" EAST, 132.58
FEET; THENCE NORTH 08°20'52" WEST, 7.42 FEET; THENCE NORTH
81°39'08" EAST, 9.00 FEET; THENCE SOUTH 08°20'52" EAST, 7.42 FEET;
THENCE NORTH 81°39'08" EAST, 12.14 FEET; THENCE NORTH 08°20'52"
WEST, 24.07 FEET; THENCE SOUTH 81°39'08" WEST, 6.04 FEET; THENCE
NORTH 08°20'52" WEST, 10.00 FEET; THENCE NORTH 81°39'08" EAST,
6.04 FEET; THENCE NORTH 08°20'52" WEST, 55.15 FEET TO A POINT ON
SAID SOUTHERLY RIGHT-OF-WAY; THENCE ALONG SAID SOUTHERLY RIGHT-OF-
WAY NORTH 81°39'08" EAST, 20.00 FEET TO THE TRUE POINT OF
BEGINNING .
AREA = 6,583 SQUARE FEET MORE OR LESS
PARCEL B
THAT PORTION OF LOT 1 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH
EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. !5foOe , FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO
. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Page 1 of 2
2880
APRIL 6, 2007
J.N. 011014
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE ALONG
THE EASTERLY LINE OF SAID LOT 1 NORTH 11°44'01" WEST, 179.60 FEET;
THENCE LEAVING SAID EASTERLY LINE NORTH 81°33'13" EAST, 57.71 FEET
TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 09°26'55" EAST, 75.25 FEET TO THE BEGINNING OF A NON-
TANGENT 1077.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE
TO SAID POINT BEARS NORTH 12°21'38" WEST; THENCE WESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°19'03" AN ARC
DISTANCE OF 5.97 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH
12°34'48" EAST, 14.72 FEET; THENCE SOUTH 77°25'12" WEST, 13.62
FEET; THENCE NORTH 12°34'48" WEST, 14.61 FEET TO THE BEGINNING OF
A NON-TANGENT 1077.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A
RADIAL LINE TO SAID POINT BEARS NORTH 13°24'11" WEST; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
03°55'08" AN ARC DISTANCE OF 73.66 FEET; THENCE NON-TANGENT TO
SAID CURVE SOUTH 81°39'08" WEST, 11.93 FEET; THENCE SOUTH
17°59'41" EAST, 11.51 FEET; THENCE SOUTH 72°00'19" WEST, 10.00
FEET; THENCE NORTH 17°59'41" WEST, 13.21 FEET; THENCE SOUTH
81°39'08" WEST, 39.65 FEET TO THE BEGINNING OF A TANGENT 300.00
FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC
OF SAID CURVE THROUTH A CENTRAL ANGLE OF 02°34'57" AN ARC DISTANCE
OF 13.52 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 10°55'49"
WEST, 20.00 FEET TO THE BEGINNING OF A NON-TANGENT 320.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS
NORTH 10°55'49" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 02°34'57" AN ARC DISTANCE OF 14.42
FEET; THENCE NORTH 81°39'08" EAST, 60.16 FEET TO THE BEGINNING OF
A NON-TANGENT 1097.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A
RADIAL LINE TO SAID POINT BEARS NORTH 17°14'22" WEST; THENCE
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
00°40'57" AN ARC DISTANCE OF 13.07 FEET; THENCE NON-TANGENT TO
SAID CURVE NORTH 16°50'07" WEST, 3.50 FEET; THENCE NORTH 73°09'53"
EAST, 10.00 FEET; THENCE SOUTH 16°50'07" EAST, 3.60 FEET TO THE
BEGINNING OF A NON-TANGENT 1097.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 16°02'05" WEST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 02°40'51" AN ARC DISTANCE OF 51.33 FEET; THENCE NON-
TANGENT TO SAID CURVE NORTH 09°26'55" WEST, 56.76 FEET; THENCE
NORTH 81°33'13" EAST, 20.00 FEET TO THE TRUE POINT OF BEGINNING.
AREA= 4,853 SQUARE FEET MORE OR LESS
O:\Legal_Descriptions\011014\PA15WTR.lgl.doc
Page 2 of 2
WATER
UTILITY EASEMENT
SUBDIVISION BOUNDARY
CT 02-16
LOT UNE
EXISTING EASEMENT
LEGAL DESCRIPTION:
SUBDIVISION
BOUNDARY
CT 02-
PORWN OF LOT 1 OF CARLSBAD TRACT
NO. 02-16, ROBERTSON RANCH EAST VILLAGE,
IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CAUFORW, ACCORDING TO
MAP THEREOF NO.
an or OCEANSK
HIGHWAY.^8
SITE
QLW AVENUE
PARCEL A
SEE SHEET 2
PARCEL B
SEE SHEET J
LOT 2
150
SCALE: 1" = 300'
CITY OF
SAN MARCOS
BASIS Of BEARINGS:
THE BASIS OF BEARINGS FOR THIS PLAT IS
THE EASTERLY LINE OF ROS 17111.
I.E. SOUTH 0473*22" WEST
QTY OF ENC1NITAS
VICINITY MAP
NO SCALE
CONSULT l T S
2710 Loker Avenue West
Suite 100
Carlsbad, California 92010
760-931-7700
Fax: 760-931-8680
www.odayconsultants.com
Civil Engineering
Planning
Processing
Surveying
EXHIBIT 'B'SHT. 1 OF 4 SHTS,
CARLSBAD MUNICIPAL WATER DISTRICT - WATER EASEMENT
REQUESTED BY:
MCM1LLIN COMPANIES, LLC.
P.O. BOX 85104
SAN DIEGO, CA 92186-5104
PREPARED BY:
PATRICK N. O'DAY
R.C.E.' 2721^ EXP. 3/31709
P.R. 07-23
A p N 168-050-47
DATE 4-6-07
G:\011014\0114-wtremt.DWG Aug 02, 2007 9:54am
Xrefs: 0114kmap
2882
P.O.B. PAR 'AGLEN A VENUE
R/W
EXISTING 10'
WIDE PEDESTRIAN
ACCESS EASEMENT
PER MAP I5606
PARCEL A
AREA=
6,585 S.F.
LOT 2
MAP i56>oft
I GENERAL UTILITY
AND ACCESS
EASEMENT PER P.R. 07-22
n
SEE SHEET J
NOTES:
1. SEE SHEET 4 FOR DATA TABLE
CONSULT NTS
2710 Loker Avenue West
Suite 100
Carlsbad, California 92010
760-931-7700
Fax: 760-931-8680
www.odayconsultants.com
Civil Engineering
Planning
Processing
Surveying
0'120'
60'
SCALE: 1" = 60'
EXHIBIT 'B'SHT. 2 OF 4 SHTS.
CARLSBAD MUNICIPAL WATER DISTRICT - WATER EASEMENT
REQUESTED BY:
MCM1LLJN COMPANIES, LLC.
P.O. BOX 85104
SAN DIEGO, CA 92186-5104
PREPARED BY:
PATRICKS. O'DAY
P.R. 07-23
A.P.N. 168-050-47
DATE 4-6-07
G:\011014\0114-wtremt.DWG Aug 02, 2007 9:54am
Xrefs: 0114kmap
2883
SEE SHEET 2
I
I
GENERAL
UTILITY
EASEMENT
PER
\R. 07-22
LOT 1
MAP i56Q6EXISTING 10
PEDESTRIAN
EASEMENT
PER MAP
TIE LINE
EXISTING 10.75'
DRAINAGE EASEMENT
PER MAP \StooR
EXISTING
7' PEDESTRIAN
ACCESS EASEMENT
PER MAP
P.0£. PAR V/
LOT LINE S.E. COR.
LOT 1
MAP
NOTES:
1. SEE SHEET 4 FOR DATA TABLE
ofy**?
: O N S U L T t>fi\ T S
2710 Loker Avenue West
Suite 100
Carlsbad, California 92010
760-931-7700
Fax: 760-931-8680
www.odayconsuttants.com
Civil Engineering
Planning
Processing
Surveying
0'120'
60'
SCALE: 1" = 60'
EXHIBIT 'B'SHT. 3 OF 4 SHTS.
CARLSBAD MUNICIPAL WATER DISTRICT - WATER EASEMENT
REQUESTED BY:
MCM1LUN COMPANIES, LLC.
P.O. BOX 85104
SAN DIEGO, CA 92186-5104
PREPARED BY:
PATRICK M. O'DAY
P.R. 07-23
A.P.N. 168-050-47
DATE 4-6-07
G:\011014\0114-wtremt.DWG Aug 02, 2007 9:54am
Xrefs: 0114kmap
2884
DATA TABLE
(N$>
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
DELTA/BEARING
S 08"20'52" E
S 81'39'08" W
S 08'20'52" E
S 22>06'22" E
S 81'39'08" W
N 2Z06'22" W
S 8Cr53'44" W
N 09"06'16" W
N 60'37'25" E
N 22-06'22" W
S 81'39'08" W
S 08r20'52" E
S 81'39'08" W
N 08'20'52" W
N 8r39'08" E
N Od'20'52'' W
N 81'39'08" E
S 08-20'52" E
N 8r39'08" E
N 08"20'52" W
S 81'39'08" W
N 08"20'52" W
N 81'39'08" E
N 08"20'52° W
N 81'39'08" E
RADIUS
— —
LENGTH
30.00'
83.07'
100.60'
54. 17'
20.59'
17.89'
10.44'
10.88'
7.79'
13.47'
145.24'
17.18'
10.00'
37.18'
132.58'
7.42'
9.00'
7.42'
12.14'
24.07'
6.04'
10.00'
6.04'
55. 15'
20.00'
O*O#~}
CONSULT A^N T S
2710 Loker Avenue West Civil Engineering
Suite 100 Planning
Carlsbad, California 92010 Processing
760-93 1 -7700 Surveying
Fax: 760-931-8680
www.odayconsultants.com
DATA TABLE
((id>
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
DELTA/BEARING
N H'44'01" W
N 81'33'13" E
S 09*26'55" £
A A/yiQ'n'z*' * t/t/ ty \j\j
S 12-34'48" E
S 7T25'12" W
N 12t34'48" W
A =03*55'08"
S 81'39'08" W
S 1759'41" E
S 7ZOO'19" W
N 1T59'41" ' W
S 81'39'08" W
A /1O* 7^ ^T7*L\ Wfc c/T \J/
N 10-55'49" W
A /T7*T</ */77*/\ Wfc fc/T 3/
N 8rj9'08" E
A /l/7*j//7 ff\ "7*f\ ~~~UU TL/ 3s
N 16W07" W
N 7S09'53" E
S 16-50'07" E
A =02'40'51 "
N 09f26'55" W
N 8r33'13" E
RADIUS
1,077.00'
1.077.00'
300.00'
320.00'
1,097.00'
1,097.00'
LENGTH
179.60'
57. 7 T
75.25'
5.97'
14.72'
13.62'
14.61'
73.66'
11.93'
11.51'
10.00'
13.21'
39.65'
13.52'
20.00'
14.42'
60.16'
13.07'
3.50'
10.00'
3.60'
51.33'
56.76'
20.00'
\tf \ rp' ^/w / +/
EXHIBIT B SHT 4 op 4 SHTS
CARLSBAD MUNICIPAL WATER DISTRICT - WATER EASEMENT
REQUEST
MCMILLJN C
P.O. BOX 8
SAN DIEGO,
ED BY: PREPARED BY:
fWANIE" Ll_r PATRICK N. O'DAY
5104 fl/'A 9
PA 071RR SI (\A. / (I "1OA y/IOD OIU1- ppt 7791A/FYP *k/1 P
A.
'.R* 07-23
P M 168-050-47
OATF 4-6-07
G:\011014\0114-wtremt.DWG Aug 02, 2007 9:54am
Xrefs: 0114kmap
2885
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 10. 2007. from Calavera Hills II. LLC. 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 10. 2007
SHERRY FR0ISINGER, Deputy Secretary