HomeMy WebLinkAboutDwg 399-4; Vista, City of; 2004-0788496; EasementDOC # 2004-0788496 i 11lllll Ill1 111ll IIIII 111111111111111 111ll111ll lllllll1ll lllll Ill1 1111
AUG 19,2004 9:15 AM
0 FFI CiAL RE C 0 R D S
5AN DIEGO COUNTY RECORDER'S OFFICE GREGUR'{J SMITH COUNTY RECURDER FEES 0 uo OC NA PAGES 7
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RECORDING REQUESTED BY:
CITY OF CARLSBAD
AFTER RECORDING, PLEASE
RETURN THIS INSTRUMENT TO:
1200 CARLSBAD VILLAGE DRIVE
CARLSRAD, CA 92008 SIGNATURE [htk-k-
THIS DOCUMENT BEING RECORDED
WITHOUT FEE TO BENEFIT THE
CITY OF CARLSBAD
CITY OF CARLSBAD -CITY CLflKK
DOCUMENTART TRANS
EASEMENT FOR SEWER LINES AND APPURTENANCES
APN 211-011-18
DWG. NO. 3725 2689 South Melrose
KNOW ALL MEN BY THESE PRESENTS: THAT ON THIS 10th DAY OF
MUNICIPAL CORPORATION, THE UNDERSIGNED, HEREINAFTER DESIGNATED
GRANTOR(S), OWNER OF THE HEREINAFTER DESCRIBED LANDS, FOR A
VALUABLE CONSIDERATION, THE RECEIPT WHEREOF IS HEREBY
ACKNOWLEDGED, DOES HEREBY GRANT AND CONVEY TO THE CITY OF
CARLSBAD, HEREIN DESIGNATED GRANTEE, A PERPETUAL EASEMENT AND
DESCRIBED REAL PROPERTY FOR THE INSTALLATION, CONSTRUCTION,
OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT, REINSTALLATION OF
PIPES AND SEWER PIPE LINES, MAINS, MANHOLES, SEWER LATERAL PIPES AND
PIPE LINES, AND ALL STRUCTURES INCIDENTAL THERETO, TOGETHER WITH THE
PERPETUAL RIGHT TO REMOVE BUILDINGS, STRUCTURES, TREES, BUSHES,
UNDERGROWTH, FLOWERS, AND ANY OTHER OBSTRUCTIONS, EXCLUDING ANY
EXISTING OR FUTURE SEWER IMPROVEMENTS OWNED BY GRANTOR, WHICH
GRANTEE, ITS SUCCESSORS OR ASSIGNS. TO HAVE AND TO HOLD SAID
EASEMENT AND RIGHT-OF-WAY, EXCLUDING ANY EXITING OR FUTURE SEWER
AUGUST ,2004, THE CITY OF VISTA, A CALIFORNIA
RIGHT-OF-WAY UPON, THROUGH, UNDER, OVER, ANL) ACROSS THE HEREINAFTER
MAY IMPEDE WITH THE USE OF SAD EASEMENT AND RIGHT-OF-WAY BY
SEWER EASEMENT
DWG. NO. 3725 2689 South Melrose
PAGE 2
APN 211-011-18
IMPROVEMENTS OWNED BY GRANTOR, UNTO ITSELF AND UNTO ITS
SUCCESSORS AND ASSIGNS FOREVER.
NOTHING IN THIS DOCUMENT SHALL LIMIT THE GRANTOR'S EXISTING AND
FUTURE SURFACE AND SUBSURFACE USES OF THE EASEMENT. ALL PROPOSED
FUTURE SURFACE OR SUBSURFACE USES OF THE EASEMENT BY GRANTOR OR
GRANTEE SHALL BE SUBMITTED TO THE OTHER PARTY FOR REVIEW AND
APPROVAL. SAID APPROVAL SHALL NOT BE UNREASONABLE WITHHELD. EACH
PARTY CONSTRUCTING A NEW SURFACE OR SUBSURFACE IMPROVEMENT SHALL
BEAR ALL COSTS TO RELOCATE, RESTORE OR MOVE THE OTHER PARTY'S
IMPROVEMENTS.
THE REAL PROPERTY REERRED TO HEREINABOVE AND MADE SUBJECT TO SAID
VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS PARTICULARLY
DESCRIBED AS FOLLOWS:
EASEMENT AND RIGHT-OF-WAY BY THIS GRANT IS SITUATED IN THE CITY OF
SEE ATTACHED EXHIBITS "A" & "B"
GRANTEE AND GRANTOR HEREBY COVENANT AND AGREE FOR THEIRSELVES,
THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, THAT
THERE SHALL NOT BE CONSTRUCTED OR MAINTAINED UPON THE ABOVE
ANY BUILDING OR STRUCTURE OF ANY NATURE OR KIND THAT WILL INTERFERE
ITS SUCCESSORS OR ASSIGNS, OR THAT WILL INTERFERE WITH THE INGRESS OR
EGRESS ALONG SAID EASEMENT BY SAID EASEMENT BY SAID OTHER PARTY, ITS
SUCCESSORS OR ASSIGNS.
DESCRIBED REAL PROPERTY OR WITHIN SAID EASEMENT AND RIGHT-OF-WAY
WITH THE USE OF SAID EASEMENT AND RIGHT-OF-WAY BY THE OTHER PARTY,
THE GRANTEE AND GRANTOR HEREBY COVENANT AND AGREE THAT AFTER THE
INSTALLATION OF ANY SURFACE OR SUBSURFACE IMPROVEMENT BY EITHER
ONE IN AN EXCAVATION MADE BY EITHER ONE IN THE ABOVE DESCRIBED
MADE BY IT SO AS TO FILL SAID EXCAVATION MADE AS NEARLY AS
PRACTICABLE TO THE LEVEL OF THE SURROUNDING GROUND, AND WILL
REPLACE ANY OILED, ASPHALT OR CONCRETE SURFACE WITH LIKE MATERIAL
AND WILL REPLACE ANY FENCE REMOVED BY IT.
EASEMENT AND RIGHT-OF-WAY, IT WILL BACKFILL ANY SUCH EXCAVATION
AS USED ABOVE, THE TERM "GRANTOR" SHALL INCLUDE THE PLURAL AS WELL
AS THE SINGULAR NUMBER, AND WORDS "HIMSELF" AND "HIS" SHALL INCLUDE
,- . P
SEWER EASEMENT
DWG. NO. 3725 2689 South Melrose
PAGE 3
APN 211-011-18
THE FEMININE AND NEUTER GENDER, AS THE CASE MAY BE.
CITY OF VISTA, A CALIFORNIA MUNICIPAL CORPORATION
THtS IS TO CERTIFY THAT THE EASEMENT INTEREST CONVEYED TO THE CITY OF
CARLSBAD, A CALIFORNIA MUNICIPAL CORPORATION, BY THE CITY OF VISTA, A
CALIFORNIA MUNICIPAL CORPORATION IS HEREBY APPROVED BY THE CITY COUNCIL
OF THE CITY OF VISTA, CALIFORNIA, PURSUANT TO RESOLUTION NO. 2004-162 ,
THEREOF BY ITSBULY AUTHORIZED OFFICER.
ADOPTED ON AUGUST 10, 2004 AND THE GRANTEE CONSENTS TO THE RECORDATION
August 10, 2004
t*
MORRIS B. VANCE, MAYOR, CITY OF VISTA DATE
APPR VED AS TO FORM: b
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
} SS.
State of California
County of
On
personally appeared
Name(s) of Signer@)
Place Notary Seal Above
,,&ersonally known to me
2 proved to me on the basis of satisfactory
evidence
to be the person_Csr whose namdre
subscribed to the within instrument and
acknowledged to me tha@she/they executed
the same in merltheir authorized
capacityM and that by mherltheir
signaturewon the instrument the persow, or
the entity upon behalf of which the personH
acted, executed the instrument.
WITNESS my hand and official seal.
\ Signature of Notary Pudic
0 PTlO NA L
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 1
Document Date. h4. JDi A0.d ' Number of Pages R&.tL
/. SigneWOther Than Named Above'
Capacity(ies) CI
Signer's Name.
O Individual I
Corporate Officer - Title(s): F 0 Partner - 0 Limited 0 General LU
Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Notary Asmiation * 9350 De Sot0 Ave., P.0. Box 2402 * Chatsworth. CA 91313.2402 - w.nationalnotary org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
..
SEWER EASEMENT
DWG. NO. 3725 2689 South Melrose
PAGE 4
APN 211-011-18
CERTIFICATION FOR ACCEPTANCE OF EASEMENT
THIS IS TO CERTIFY THAT THE INTEREST IN REAL PROPERTY CONVEYED BY THIS
EASEMENT, DATED AUGUST 10, 2004 , FROM THE CITY OF VISTA,
CALIFORNIA, A CALIFORNIA MUNICIPAL CORPORATION, TO THE CITY OF
CARLSBAD, CALIFORNIA, 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 :
h. *&
. WOOD, CITY CLERK
A#H CALIFORNIA ALL PURPOSE NOTARY ACKNOWLEDGMENT
JUNE 19, 2004
J.N. 011010-3
PAGE 1 OF 1
EXH I BIT 'A"
SEWER EASEMENT
CITY OF VISTA
DWG-3725 (VISTA)
DWG 399-4 (CARLSBAD)
APN 221-011-18
LEGAL DESCRIPTION
A PORTION OF PARCEL 'A' OF PARCEL MAP NO. 15493 IN THE CITY
OF VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED IN THE OFFICE OF THE COUNTY RECORDER DECEMBER 13,
1988, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 'A';
THENCE, ALONG THE EAST LINE OF SAID PARCEL "A", SOUTH
30'41'34" EAST 70.79 FEET; THENCE, LEAVING SAID EAST LINE,
SOUTH 22O51' 01" EAST 193.36 FEET; THENCE SOUTH 81'43' 34"
EAST 34.60 FEET TO THE EAST LINE OF SAID PARCEL 'A';
THENCE, ALONG SAID EAST LINE, SOUTH 30'41'34" EAST 25.72
FEET; THENCE, LEAVING SAID EAST LINE, NORTH 81'43'34" WEST
49.79 FEET; THENCE SOUTH 35'50'54" WEST 40.53 FEET; THENCE
NORTH 54'09' 06" WEST 20.00 FEET; THENCE NORTH 35'50' 54" EAST
39.95 FEET; THENCE NORTH 22'51'01" WEST 191.63 FEET; THENCE
NORTH 45'02'18" WEST 22.91 FEET TO THE WEST LINE OF SAID
PARCEL 'A'; THENCE, ALONG SAID WEST LINE, NORTH 3'10'45"
WEST 54.94 FEET TO THE POINT OF BEGINNING.
AREA = 0.16 AC
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3orlobod Caltfomia 92008 Procerslng CITY OF VISTA 760-931 -77M) Surveying Fax 760-931-8680
WVI odayconsvltanls corn
lEQUESTED BY: APPROVED BY: AVlS PARTNERS
420 BRISTOL ST, N., STE.lOO
‘EWPORT BEACH, CA 92660
HONE: (949) 752-2066 L.S. 7700 DATE
LM TIMOTHY 0. CARROLL, JR. CITY OF VISTA 7/7/
SHT. 1 OF 1 SHTS.
A.P.N. 221-011-18
DATE JUNE 2004
City of Vista
August 12,2004
Lorraine Wood
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
RE: Easement for Sewer Lines and Appurtenances
by the City of Vista to the City of Carlsbad
hqg
DUG do. ma5
211 - O'' - ''
aLW9 SQC,tL' kQ-bosc
Dear Ms. Wood:
At the meeting held on August 10, 2004, the Vista City Council adopted Resolution No.
2004-162, approving the grant of an easement for sewer lines and appurtenances to the
City of Carlsbad. Enclosed please find one original of the document for recording
purposes, and a copy of the resolution for your file.
Should you have any questions, please contact Carlos Mendcza, Senior Engineer, at
(760) 726-1340, extension 1323.
Sincerely,
Rita R. Turnbull
Administrative Secretary
Office of the City Clerk
enc.
c: Carlos Mendoza, Senior Engineer
600 Eucalyptus Avenue P.O. Box 1988 Vista, California 92085 (760) 726-1340 www.ci.vista.ca.us
RESOLUTION NO. 2004 - 162 -7 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISTA,
CALIFORNIA, APPROVING THE GRANT OF AN EASEMENT FOR
SEWER LINES AND APPURTENANCES TO THE CITY OF CARLSBAD
WHEREAS, the City of Carlsbad desires sewer lines to be
constructed on property owned by the City of Vista; and
WHEREAS, the property in question is restricted to open space
uses only; and
WHEREAS, it is in the best interest of both cities for the sewer line
to be constructed in the property in question; and
WHEREAS, the City of Vista desires to approve the grant of an
easement to the City of Carlsbad for the construction of sewer lines and
appurtenances ,
NOW THEREFORE BE IT RESOLVED, as follows:
1. The City of Vista hereby grants an easement to the City of Carlsbad for
sewer lines and appurtenances.
2. The Mayor is authorized to sign the easement document on behalf of the 1
City. J
PASSED AND ADOPTED, on the IOth day of August, 2004 at a meeting of the
City Council by the following votes:
AYES: CAMPBELL, CAMPO, GRONKE, RITTER, MAYOR VANCE
NOES: NONE
ABSTAIN: NONE
ATTEST:
Jo Seibert, City Clerk
By: L ~