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Home My WebLink AboutSDP 97-16; Pacific Vista Las Flores LP; 2001-0306769; EasementDOC # 2001-030~769 RECORDING REQUESTED BY Maw 1% 2OOl IO:28 fv-l AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 OFFICIAL RECORDS W DIE60 !lONfTY RECORDER’S OFFICE tlWlRY f.$TH, yTY$lORDER oci ‘NA MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) Space above this line for Recorder’s use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ ( 0.00 /“6* ) 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.: 212-040-61-00 Project No. & Name: PR 00.118 VISTA LAS FLORES (MARIANO APARTMENTS) SDP 97-16A CARLSBAD MUNICIPAL WATER DISTRICT - GRANT DEED OF WATER LINE EASEMENT Pacific Vista Las Flares, L.P., a California Limited Partnership 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 Eng\Word\Masters\Forms\Grant Deed of Water Line Easement 1 08/17/98 Rev. 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 referepce made a part hereof. Executed by the Grantor this 273 3 ay o GRANTOR: Pacific Vista Las Flores, L.P., a California Limited Partnership 7 By: Q /&ae S& (sign here) K Ecu&m-l L. S.wke& (print name and title of signatory) Bv: (sign here) (print name and title of signatory) By: (sign here) By: (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.) APPROVEP AS TO FORM: RONALD ij BALL, GENERAL COUNSEL IL3 ‘I By: DAMIE.1 B. BROWER, Deputy General Counsel Eng\Word\Masters\Forms\Grant Deed of Water Line Easement 08/l 7198 Rev. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I 3@w/ I);$* v 1 ss. County of - On JAd- z3, JQol , before me, Date &itle of Ofker (e.g., “Jane Doe, N&q Public”) ’ personally appeared pfglw?T-tL t- Sacrde~ Name(s) of Signer(s) ally known to me 0 proved to me on the basis of satisfactory evidence CINDY J. GAROFALO Commission # 1203882 Notary Public - California San Diego County MyComm.E@esDec5,2332 Place Notary Seal Above to be the person@) whose name& @are subscribed to the within instrument and acknowledged to me that @Ms&hey executed the same in @herAheir authorized capacity(y), and that by @/h&their signature@) on the instrument the person$%j, or the entity upon behalf of which the personad acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL 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: hcf- Deed aF WuW &hi ~ww3~~t Document Date: .3QJ. ?I. 3, ZbO( Number of Pages: “z- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer , -em A a. Signer’s Name: K&#wv~ L. xuct?ef- q Individual C!&orporate Officer - Title(s): ~X$w&~ &f&or 0 Partner - Cl Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National Notary Association * 9350 De Soto Ave.. PO. BOX 2402 - Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll-Free I-800-876-6827 EXHIBIT “A” LEGAL DESCRIPTION PR 00418 A PORTION OF LOT 134 OF CARLSBAD TRACT NO. 97-14 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0.13840, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON SEPTEMBER 1, 1999, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 120 OF SAID MAP NO. 13840; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 120, SOUTH 84”37’00” EAST, 107.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF GOLDENBUSH DRIVE AS DEDICATED ON SAID MAP NO. 13840, SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 470.00 FEET, A RADIAL LINE TO SAID POINT FROM SAID CURVE BEARS SOUTH 84”48’17” EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID RIGHT OF WAY THROUGH A - CENTRAL ANGLE OF 02”22’16” A DISTANCE OF 19.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 02”26’31’ A DISTANCE OF 20.03 FEET; THENCE LEAVING SAID RIGHT OF WAY NORTH 85”13’24” WEST, 55.80 FEET; THENCE NORTH 04”46’36” EAST, 7.00 FEET; THENCE NORTH 85’13’24” WEST, 21 .I4 FEET; THENCE SOUTH 04’46’36” WEST, 7.00 FEET; THENCE NORTH 85’13’24” WEST, 32.39 FEET TO A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 55.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37’43’49” A DISTANCE OF 36.22 FEET; THENCE SOUTH 57”02’47” WEST, 15.84 FEET; THENCE NORTH 32’57’13” WEST, 7.00 FEET; THENCE SOUTH 57’02’47” WEST, 12.00 FEET; THENCE SOUTH 32”57’13” EAST, 7.00 FEET; THENCE SOUTH 57’02’47” WEST, 7.50 PAGE 1 OF 2 :JR M:\2328\02\legal descriptionsbol cmwd esmt.doc WO 2328-02 11/27/00 FEET; THENCE SOUTH 32”57’13” EAST, 20.00 FEET; THENCE NORTH 57”02’47” EAST, 7.00 FEET; THENCE SOUTH 32”57’13” EAST, 8.00 FEET; THENCE NORTH 57OO2’47” EAST, 6.00 FEET; THENCE NORTH 32”57’13” WEST, 8.00 FEET; THENCE NORTH 57”02’47” EAST, 22.34 FEET TO A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 35.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37O43’49” A DISTANCE OF 23.05 FEET; THENCE SOUTH 85”13’24” EAST, 110.43 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.087 ACRES MORE OR LESS. DANA MICHAEL SEGUIN L.S. 6215 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :JR M:Q328\02Uegal descriptionsIao1 cmwd esmt.doc WO 2328-02 11 I27100 EXHIBIT "B" SHEET 1 OF 1 SCALE 1’ = 40’ THE BASIS OF BEARINGS FOR THIS EASEMENT IS THE NORTHERLY LINE OF DESCRIPTION NO. 4 PER RECORD OF SURVEY NO. 5715 i.e. N 7 1 l 35’5 1” E. AS SHOWN AND PER SAID MAP NO. 13840. &a ASSOCIATES THIS PLAT WAS PREPARED SAN DIECQ INC PLANNING 10179 Huennekens Street ENGINEERING 5an Diego, Ca 92l2-l SURVEYING PH(858)558-4500 FX(858)5584414 NO SCALE CMWD EXPIRES: 3/31/02 R:\0179\&MAP\EP PH 1 SHT 01 .DWG CARLSBAD MUNICIPAL WATER DB77?lCT M TE: lo- 1 l-2000 WATER EASEMENT f?!AT DRAWN By: HUNSAKER AND ASSOC. XAL E: 1 “Z40’ IN LOT 134 OF MAP 13840 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE PR 00-778 1PN 212-040-61 OF CALIFORNIA CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated January 23, 2001, from James H. Scott and Patricia 1. Scott, as Co-Trustees under the James H. Scott Family Trust, to the City of Carlsbad, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, 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: April 20,200l Deputy City Clerk