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Home My WebLink AboutCMWD 99-104; County Of San Diego; 2001-0804399; EasementRECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad Carlsbad, California 92008 1200 Carlsbad Village Drive MAIL TAX STATEMENTS TO: Please record the document at no fl? DOC # 2001-0804399 - Space above this line for Recorder’s use. The undersigned grantor(s) declare(s): Assessor’s Parcel No.: 212-093-07 & 213-020-18 Documentary transfer tax is $o.oO Project No. & Name: CMWD 99-104 ( ) computed on full value of property conveyed, or PALOMAR AIRPORT WATERLINE ( ) computed on full value less value of liens and PARCEL NO.: 2001-0030-A ( ) Unincorporated area: (x) City of Carlsbad , and encumbrances remaining at time of sale. FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. eputy City Engineer GRANT DEED OF WATER PIPELINE EASEMENT COUNTY OF SAN DIEGO, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA, 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 necessaly 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. ,I,* 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 Eng\W~rd\MsSterr\F~rms\Grant Deed of Water Line Easement 1 08/17/98 Rev. .. 1, /I 1:. .. .* . , RIP NO. 2001-0030-A ’ 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. ‘RESERVING THEREFROM the following rights and privileges: 1. For the use and benefit of the Public, the right of flight for the passage of aircraft in the airspace above said easement, together with the right to cause in said airspace such noise and such incidence of flight as may be inherent in the operation of aircraft, now known or hereafter used for navigation or of flight in air, using said airspace taking off from, landing at or operating on McClellan- Palomar Airport. 2. The continuing and perpetual right to cut to ground level and remove trees, bushes, shrubs or any other perennial growth or undergrowth extending into, or which in the future could infringe upon or extend into or above, the McClellan-Palomar Airport clear zone approach surface. 3. The right to require Grantee, at Grantee’s sole cost and expense to remove, raze or destroy any of Grantee’s facilities infringing upon or extending into said McClellan-Palomar Airport clear zone approach surface, together with the right to prohibit the future erection of buildings or other structures which would infringe upon or extend into said surface. 4. The right to require Grantee, at Grantee’s sole cost and expense, to mark and light as obstructions to air navigation, any and all of Grantee’s facilities that may at any time project or extend above said surface. 5. The right of ingress to and egress from, and passage over the herein described easement, for the above purposes.” Ens\Word\Maslerr\Forms\Grant Deed of Water Line Easement 2 08117198 Rev. WP NO. 2001-OOWA LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the propetties more particularly described in Exhibit "A" and Exhibit "B" attached hereto and by this reference made a part hereof. Executed by the Grantor thiseday of .&RWRy, 2001. GRANTOR: County of San Diego, a political subdivision of the State of California Depattm&t of General Services STATE OF CALIFORNIA COUNTY OF SAN DlEGO On Febk3 ! 2o01 , before me, GREGORY J. SMITH, AssessorlRecorderlCounty Clerk in and for said County and State, personally appeared JOHN A. MILLER, Director, satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within DepaRment of General Services personally known to me (or proved to me on the basis of instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacitybsl (Pursuant to Ordinance No. 7206 adopted September 23, 19861, and that by hisiherltheir signaturekl on the instrument the person(s) or the entity upon behalf of which the personts) acted, executed the instrument. WITNESS my hand and official seal. GREGORY J. SMITH, AssessorlRecorderlCounty Clerk TIMOTHY L. CAULDER Name (typed or printed) AS TO FORM: BALL, GENERAL COUNSEL By: City of Carlsbad R/P NO. 2001-0030-A EXBIBIT "A" LEGAL DESCRIPTION ASSESSOR'S PARCEL NUMBER: 212-093-07, 213-020-18 VESTING: COUNTY OF SAN DIEGO THAT PORTION OF LOT G OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. SAID PORTION BEING A STRIP OF LAND 20 FEET IN WIDTH LYING WITHIN LOT 30 OF MAP SAID COUNTY AND WITHIN LAND SHOWN AS PALOMAR AIRPORT ON RECORD OF 11288 RECORDED AS FILE NO. 85-252983 IN THE RECORDER'S OFFICE OF SURVEY 6493 RECORDED AS FILE NO. 227495 ON DECEMBER 15, 1964 IN THE OFFICE OF SAID COUNTY RECORDER, SAID 20 FOOT STRIP LYING 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 30 THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 16'38'13'' EAST (S16'37'15"E REC.) 45.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 73'07'08" EAST 59.06 FEET; THENCE NORTH 10O13'44" WEST 38.06 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 30; THENCE LEAVING SAID LOT 30 CONTINUING NORTH 10'13'44'' WEST 469.02 FEET TO A POINT OF TERMINUS. EXCEPTING THERFROM THAT PORTION WITHIN A 15 FOOT WIDE WATER ON SAID MAP 11288. EASEMENT WITHIN SAID LOT 30 SHOWN AS DEDICATED TO THE C.R.M.W.D. HAVING AN AREA OF 11,022 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B". THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY No. 3997 c i r t CERTIFICATION FOR ACCEPTANCE OF DEED This is to certlfy that the interest in real property conveyed by the deed or grant dated Februarv 12,2001, from Countv of San Diego. a political subdivision of the State of California, 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 Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: OCTOBER 23, 2001