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Home My WebLink AboutSDP 99-16; Wilmington Trust Company; 2000-0516256; Easement-*, .I. i’ ‘, . I . h I”., e h, ’ . * t I RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: DOG q 2000-0516256 3878 Sep 27, 2000 10:52 AM OFFICIEY faixDs !3lN DIEGO CaRcry RECORDER’S OFFICE GREGW gm9 colyYYREaRDER . OcI ‘8 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].) a w Space above this line for Recorder’s use. % kl The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 /$#&Y 1%. ( ) computed on full value of property conveyed, or Assessor’s Parcel No.: 222-601-02-00 Project No. & Name: SDP 99-16 PR 00-70 \ ( ) computed on full value less value of liens and KINDERCARE-CARRILLO encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Cartsbad , and FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. GRANT DEED OF WATER LINE EASEMENT Wilmington Trust Company, a Delaware Corporation, not in its individual capacity but solely as trustee under the Kindercare Realty Trust 1999, a Delaware Business Trust 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 Eng\Word\Masters\Fors\Grant Deed of Water Line Easement 1 08/l 7198 Rev. 8.3 .,) ” I , ’ rcI 3879 - 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 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 ! 1% day of *20 D . GRANTOR: Wilmington Trust Corn Delaware Corporation, not in its er the Kindercare By: (sign here) . (title of signatory) tkA-4. I&& (sign here) BY: VP. 6cu1~oQ 6 U (title of signatory) U (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 \BALL, GENERAL COUNSEL By: ,\A 3 G- DAMIE B. BROWER, Deputy City Attorney Eng\Word\Masters\Forms\Grant Deed of Water Line Easement 08117198 Rev. ‘.’ .,, : . * - , 3880 - State of Oregon County of Multnomah This instrument was acknowledged before me on August 11,200O by Joe Keough as Vice President of Real Estate and Eva M. Kiipalani, Vice President, General Counsel and Secretary of KinderCare Learning Centers, Inc., a Delaware Corporation. Notary Public - State of Oregon My commission expires: 7-5-03 OFFICIAL SEAL LISA A. DOMENICO NOTARY PUBLIC-OREGON COMMISSION NO.325007 MYCOMMISSION EXPIRES JULY5.2003 Reference: Page 2a of Grant Deed of Water Line Easement - KCLC Carlsbad #1648. REVISED: JULY 3 1,200O JUNE 27,200O J.N. 99-l 03 1 EXHIBIT A - LEGAL DESCRIPTION PR 00-70 BEING A PORTION OF LOT 105 OF CARLSBAD TRACT NO. 43-02 ACCORDING TO MAP NO. 1355 1 FILED IN THE OFFICE OF THE COUNTY RECORDER, MARCH 31,1998 AS FILE NO. 1998-0177218, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PORTION ALSO BEING A PART OF PARCEL A, ACCORDING TO THE CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER JULY 2, 1999 AS DOCUMENT NO. 1999-0463612, FILED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL A, THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY SOUTH 36”09’49” EAST 191.21 FEET TO A POINT ON THE WESTERLY BOUNDARY, SAID POINT BEING THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID WESTERLY BOUNDARY NORTH 42”ll’Os” EAST 12.47 FEET; THENCE NORTH 47”48’52” EAST 5.00 FEET; THENCE NORTH 42”11’08” EAST 8.92 FEET; THENCE SOUTH 47’48’52” EAST 5.00 FEET; THENCE NORTH 42”11’08” EAST 3.25 FEET; THENCE SOUTH 47’48’52” EAST 20.00 FEET; S:LOOK\CATHYI993 1 W’lRDOC Page 1 of 2 : I . .,)‘.. 1 ‘. c - .’ 3882 EXHIBIT A - LEGAL DESCRIPTION PR 00-70 ’ THENCE SOUTH 42”ll’OS” WEST 28.76 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID CERTIFICATE OF COMPLIANCE DOCUMENT NO. 1999- 0463612; THENCE CONTINUIN G ALONG SAID WESTERLY BOUNDARY NORTH 36”09’49” WEST 20.42 FEET TO THE TRUE POINT OF BEGINNING. AREA = 578 SQ. FT. = 0.01 AC. S:\LOOK\CATHYl!B3 1 WTR.DOC Page 2 of 2 Ar--PA?az 6wUNMY . * ~ ) cm OiLt?M=wKE -. o-0 1 LE No. 19994463612 3883 2s 100’ fi 1) tE?Dm? MP lw. mm SCALE 1’ - 50’ PMZEL a BASZWWT P! -- ..- LZAY UF LwlwLJ!!CE X”” “, T17YV~ DUG. NU. 103SO4636j3 v=-D , {NOK fo, r999 / i I --. -- -. A?? ;;rlo-G ilw);’ WItRAND =--I---y- 7EWMARY I -w,camENT wi+ m Na 199947494w7 -a ..-.-a-- -a ---- lES?B?iY pyIR77oN OF THE CBV7B&‘NE \ OF W?RlKO WAY AS SHOWN ON MAP lZi!X L& 6iSWNG N 59’16’59’E A PURI7tW OF LOT 105 OF AW No. 13551 CM REmD .WfW# 31, 1998 AND - Ydi\ CERI Of tZX’,Wmm DOC No. 1999~0463612 \t -v wauun1u RECORDED JULY 2, 1999. rnB - APPLICANT: CITY OF CARLSBAD K/?VDERCME PREPARED BY: SHT. I OF 2 SHTS. 650 NE HOUALHY SME? EXHIBIT “8” su?E loo mmND, 07EwN g7*32 PR 00-70 S.D.P. 99- 16 @2000 0’00~ Consultants- Inc. c-1 hlor\ PQlrlYl\ 01 AT\.fTlll “\.,I7 cl-7-nn lll~77.47 nn rrT , ’ . . . . P A% . .- 3884 AmI = 578 San = 0.01 AtW.. - 7HE&d.S.&SM~/MF?liE lKVGfYY MR?ZBV OF ?HE CBVZXLNE of C4RRUO WAY AS S’N ON A&=’ f3.551. IX 0i5WNG N 59’16’59’ & LEG4L DEsCR/P~M: A f=GRJ7ON OF LOT 105 Of A#= AV. 13551 REaRm AcQrpcH 31. r9iw AND WX W CMUWCE Dyx=. M?. 1999-0463612 RECORD JULY 2, 1999. APPLICANT: CITY OF CARLSBAD PREPARED BY: SHT. 2 OF 2 SHTS. Kl/V&XME 650 NE HOUACMY S?Rt’ii SIIIE 1400 PORTLAND, ORECON 97232 PR 00-70 S.D.P. 99-16 r,:\ lflRP\9qln?l\Pl ATVTn? IlVr, R-3-m 11:04:R? nn FT 3885. CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF EASEMENT This is to certify that the intereSt..iniirearl:prop~rty conveyed by the Grant Deed of : _ ‘I :_.^ ,.,“.+ ,, .; .$‘:,, Water Line Easement dated@tig~~~~~, 20~~~.from~~YWilrnington Trust Company, a Delaware Corporati~$&k& i”, ,~nrl~~~btt,ca~~city:but safely as trustee under the .’ ; : : : 3 32 $;,,, Kindercare Rea,tu~~~~~a Delaware Business Tmsf$$the Q&tbad Municipal lll.‘*j <>\. ii;i,l’L$$g.i Water District, ~~~~ubfi~~~~ency organized u$er the Municipal Water &f&f 1911, and a ‘>., _., ;’ Subsidiary Di$@i$$of.&k! City of Carlsbad, aklunicipal Corporatiort‘; is, he&by accepted .‘ :,:: : :: jp ,yi I $ II by the City Coun&&& City of CaFfsbad, ~&ifornia, pQg3ant to’@rcfftik@&e No. NS-422, adopted;,o~~~~ptern~~~~~~ 1997; and the gratitee.conse~te:toi:t~e recordation :: ‘:!:i’!‘.j ;,_ i, : $,::j : thereof by its d~~~~~~~~. off&#. s ‘,.. j’ ., :&d , i I .:_:: 3 i:‘.‘:‘!’ ‘, ‘I:$ j I&,:; _iy ‘. ,s ..,_il i :, ‘_ I’ :‘:I’:,;$: :,;i fdIl, i ;;;q: I.,:..,l~ r?i:i,!:tlr “14 aI [ji$!ks;, ;, ,i‘;;:,i:.l:ri;,jri:!$,; ‘:‘$‘! I * , ‘f.’ .liy$. :j ,, ‘# ,,%‘. I(tii ‘,_ sz Lo 4.: I ;:. :;.$T3,~;, .,. .:. ,j;_ .!;..r .fl’. i,,: I,. s. ; I;{;” ,_ _^ I ,+ (, ii\:.,,‘, DATED: September 22.;@NJ~~ i: ‘i _- ., ii ,‘I.Iis ,., ..’ .’ ‘i:’ ,y j : ‘., :. _ <“I ,:; ‘_