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HomeMy WebLinkAboutCMWD 92-406; RANCHO CARLSBAD OWNERS ASSOCIATION; 1999-0095130; EasementI ,I,* 'I .' 0 -F - RECORDING REQUESTED BY j Rancho Carlsbad Owners' Association . I AND WHEN RECORDED, / PLEASE MAIL TO: ' .I' City ClerWDistrict Secretary 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: i t City of Carlsbad .</' I + 3 '' L ' EXEMPT Please record this document at no fee as it is to the benefit of the City/District (Gov. Code [6103]). _fi 9 %;-$E? e & ~,-~~ B 1 li A$v '-3 5=i Lj CI ~~ i ; i i L&; $"-; -5 -X- " -% ;" ,". j-c.. 7s ,::_ X & 1" 8 1. =: ;SF ;,+ Eyf &= :a ';=" f"#"$ -Afz - E- _* .i.,--"A" -# :-. 3' fi .i...=y kz3 "3 Ak-# z j ., j . , .: :_( ri*-y:-in- - s x:- p i 1 : ! ;i! p,!-. :, !5 /i:< _.,__"_ 5 : iil . - ~.-. .- . _"_. ._ - $2.; '5iFfifl gji I;.q$ ;;Fnr;:y& j $ Q!p[ "i'i:'irwv ; -..a ,<.-ti ".?..I: ,...I > kC.L;,! -,.. 9 ,,i; L!:'::, i;: !;i"!yi 7 ,;L,.2!-!f.:!jyj? Lt': ... ,.,i si' I,,, &,i']" -1-7 .?_* .ti: "".._ "_:: .,__". /id i I . ..a r--.-. : >-:"..-. - 7 r 7 rt - 6 <!fi :i!:D . . - . . . . "_._ - _. ;iiru " i&j ..I . Space above this line for Rea The undersigned grantor(s) declare(s): Assessor's Parcel No. 168-050-23 & 24 Documentary transfer tax is $ 0.00 Project No. & Name 92-406, Parcel 3, Parce ( ) computed on full value of property conveyed, or 17985, 12-Inch Calavera Hills Recvcled Wat ( ) computed on full value less value of liens and Transmission Main and 12-Inch South Aau; encumbrances remaining at time of sale. Hedionda InterceDtor Sewer Pipeline, Reac ( ) Unincorporated area: (X) City of Carlsbad , and SAHT2A and SAHT2C FOR A VALUABLE CONSIDERATION, CITY OF CARLSBADEARLSBAD MUNlClPA receipt of which is hereby acknowledged. q ;P2&"4+ WILLIAM E. PLUMMER, District Engineer GRANT DEED OF EASEMENT FOR WASTEWATER PIPELINE AND RECYCLED WATER LINE ;-- ' RANCHO CARLSBAD Q@NERS' ASSOCIATION ." . _-- does hereby grant to City of Carlsbad, a Municipal Corporation, and CARLSBAD MUNICIPAL WATER Dl Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Ci successors and assigns, an easement. Purpose: The easement granted herein shall be granted for the following purposes: the cc operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and rep designed for the general purpose of collecting, storing, transporting, pumping and treating all recycled wastewater, including surface water, stream water, flood water and ground water flowing into said facilities, and 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 v and recycled water and all facilities and structures associated with said uses which are designed to facilitate tht 1 1 01: mS 96-8 t , .” \ 0 0 $?- protect the facility from natural and other forms of damage including, but not limited to, erosion control facilit - gates, doors, locking devices, alarms, lights, and all other protective facilities and devices. The use shall al: means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, ins reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that r andlor structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be \ Grantor or any other person or entity, including other utilities, whether public or private, for uses whether ca incompatible with the uses described herein without the express written approval of the Grantee. Ill Ill Ill Ill Ill Ill Ill Ill Ill 111 //I 111 111 Ill Ill Ill Ill Ill Ill Ill 2 101: t ;.- c 0 e . .'" LOCATION OF EASEMENT: The easement granted herein shall be located within and upon the properties more particular1 in Exhibit "A" and Exhibit "B" attached hereto and by this reference made a part hereof. r;l Executedjy the GRANTOR this& day of@ RANCHO CARLSBAD OWNERS' ASSOClATlOl -, 19a. WILLIAM GEARY, President, C. F.O. b- (title of signatory) *- PI&!&&. -.., /' By: ... (sign here) MIKE CHURCHILL, Secretary (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 one officer corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empo officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL City AttorneylGeneral Counsel By: "<- "/y,Yyi' &< i k/ ,/ /y JAM MOBALDI, Assistant City Attorney/Assistant General Counsel ,/ C M\ 3 101: .t ' a e STATE OF CALIFORNIA 1 1 ss. J On AC .d$ /qYf before me, @@SS/C 5. JcM/ec3ec. AL/R&, Lq NAME AND TITLE dF OFFICER personally appeared dL/;:&& hj. K personally known to me - (factomnce to be the persor name(s) is/are subscribed to the within instrument and acknowledged to me that hels- executed th his/her/their authorized capacity(#, and that by hislherltheir signature$) on the instrument the persom), o upon behalf of which the person(8 acted, executed the instrument. WITNESS my hand and official seal. fl (b/Lm.J. JLLU (This area for official notary seal.) SIGNATURE OF NOTARY Title or Type of Document Date of Document No. of Pages Signer(s) other than named above I CMWD 92-406 06/1 0 e STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. On /-L.qy ,before me, Clyde Billings, Notary Public, personally appeared - 8&'#2 c #, x/ .. - - personally known to me (or proved to me on the basis of satisfactory evidence) to be the person@) whose name&+) idas subscribed to the within instrument and acknowledged to me that he/!dw%ky executed the same in his-r authorized capacity(gs3, and that by his/- signature(+ on the instrument the person(+, or the entity upon behalf of which the person($ acted, executed the instrument. WITNESS my hand and official seal. .. ,&//A f Signaturdf Notary Public ' My commission expires: 2/13/99 Commission # 105 1440 Type of document L sd~~r ,QEL-~ L//- t k-/93& #t;c/ 7 .- . -e. L 0 0 * EXHIBIT "A" LEGAL DESCRIPTION - APN 168-050-23 & 24 EASEMENT THOSE PORTIONS OF LOT 'E' OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: PARCEL A: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS 'SOUTH 51O47'48" WEST 1165.45 FEET" IN THE NORTHWESTERLY LINl OF PARCEL 2 OF THE LAND DESCRIBED IN THE DEED TO RANCHO CARLSBAD PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP, RECORDED JUNE 28,1996, AS FILE NO. 1996-0327916 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHWESTERLY LINE THE FOLLOWING: SOUTI 5lo41'J5" WEST, 1165.79 FEET; THENCE SOUTH 48O13'16" WEST, 404.25 FEET; THENCI SOUTH 65O08'13" WEST, 333.18 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 83O5718' EAST, 93.00 FEET; THENCE NORTH 65O08'13" EAST, 238.95 FEET; THENCE NORTH 47O09'04" EAST, 280.59 FEET; THENCE NORTH 51O41'35" EAST, 131 5.; FEET; MENCE NORTH 04°13'50" EAST, 39.25 FEET TO A POINT IN SAID NORTkIWESTERLY LINE OF PARCEL 2; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 53°15'00' WEST, 39.74 FEET TO THE POINT OF BEGINNING. PARCEL B: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCR.IBED AS 'SOUTH 65O42'27' WEST, 494.30 FEET" IN SAID NORTHWESTERLY LINE OF PARCEL 2; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 65°35'51" WEST, 494.23 FEET; THENCE SOUTH 39O39'12" WEST, 339.81 FEET; THENCE SOUTH 30O40'25" WEST, 175.1 1 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 39O06'03" EAST, '136.47 FEET; THENCE NORTH 30°40'25' EAST, 38.54 FEET; THENCE NORTH PAGE 1 OF 2 C.M.W.D. 84-501 :DA \\P~rveWPINGVegals\l941 McMillinWA06.00C Wo 1941.04 7l31198 I*. . % s. e 39O39'12' EAST, 255.41 FEET TO THE BEGINNING OF A TANGE 9 T CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 290.00 FEET; THENCE NORTHEASTERLY 131.32 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25O5639'; THENCE TANGENT TO SAID CURVE NORTH 65O35'51" EAST, 410.27 FEET; THENCE SOUTH 82O45'10' EAST, 183.83 FEET; THENCE SOUTH 78O57'33' EAST, 364.22 FEET ; THENCE NORTH 83O57'18' EAST, 37.08 FEET TO A POINT IN SAID NORWVESTERLY LINE; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 77"54'W WEST, 579.09 FEET TO THE POINT OF BEGINNING. "&- 7-3f- 9 $ ~ JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 C.M.W.D. 84-501 :DA \PcserveWPINGVegals\1941 McMillinUl04A06.DOC WO 194144 7/31/98 I -4 ') 0 LQT s' AM JYGW A SLJA ,-&DJOJYD,- IF P I I td/lp jqoa &z3 EXISTING 60' WIDE EASEMENT RESERMD FOR ROAD PURPOSES RECORDED 4/0 1/58, FILE NO. P. 0. B. 5 1674, 8K 7016, PC. 536, O.R. S.O.G.&E CO. REC. 10/20/1948 IN BK 2988, PC. 458, O.R. . APN 168-050-24 A' OF s MAP JYOa 6618 LEGEND= n INDIC4ES GISEMENT m PAf?C&! 8 = 0.724 ACRE c HUNSAKER * Erp. 9-30- &AsSOCI.ATEs NO. 566 IAN oteco IWC 0 %* c*t\l mwNc xmoHsnaask%rn -ffi SanDkgqG9fm sUMyNG m(619)rra4SW*FXkl3bsbwW SCALE 1. = 300 ' ,a Mm: R\W5l\Wltl407 SHEET i fXEhfENT PLAT - CITY OF CARLSBAD/MLSBAD MUNICIPAL. WATER DISTRIC APPLICANT: .-€mmuT C.M.W.D. 84-501 O[PIRES 3/30/99 x)HN W. HllL JR LS. 5669 (760) 438-3367 ", CA 92008 168-050-23 d MSEMENT p. uc 49 7-3I-fB 5950 EL WINO RUL mS6c4D MUNICIPAL WATER Dl=. PROJECT: PREPARED BY A.P.N.: RECORDED 4/01/58. flLE NO. 51674, 8K. 7016, PC. 536, O.R. a. LOT c I" AJA JYWD A WA rl~DJ~~YD,4 IF MA? JYGJ 823 APN 768-050- 17 EXIST. MEMENT TO S.D.C.&E CO. RECORDED 10/20/1948 IN BOOK 2988, PC. 458, O.R. APN 168-050-24 a LEGEND: = INDIOITES PARCEL A WEMENT = 1.251 ACRES c * Grp. 9-u)-9! NO. 5669 F3e nom: ~\lWS1\~51acOS SHEET 2 C4SEhiEb/T PLAT - C/7Y OF CARlS84D/cARLSBAD MUNICIPAL WATER DISJRIC7 HUNSAKER &ASSOCIATES IAN DltCO INC 0 9** cAL\c( ruIseJc m-sc-rn - *o*mG92m Sum M619)xrs4Soa-M6~)%~ SCALE 1" = 300' APPLICANT: A.P.N.: PROJECT: PREPARED By: -&4D MUNICIP4 WATER DISK 5950 El WNO Rcsl > JOHN W. #u, JR LS. 5669 (760) 458-3367 GW!S&W, tA 92008 168-050-23 & HSEMENT 3* C/sg 7-31- tP EXPIRES: 9/30/99 C.M.W.D. 84-501 XHIBIT .b, SI a 0 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, da February 9 , 1999, from RANCHO CARLSBAD OWNERS’ ASSOCIATION to the Carlst Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 191 1, amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municl Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 996 of the Carlst Municipal Water District adopted on September 9, 1997, and the grantee consents to recordation therl by its duly authorized officer. DATED: February 9, 1999 CMWD 92-406 ” KAREN R. KUNDTZ, Asskdant Secreta1 1 1103197 Re 7. ~ e e CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, d: February 9 ,1999, from RANCHO CARLSBAD OWNERS' ASSOCIATION to the Cit) Carlsbad, a political corporation and/or governmental agency, is hereby accepted by the undersigr officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred by Ordinal No. NS-422 of the City of Carlsbad adopted on September 9, 1997, and the grantee consents recordation thereof by its duly authorized officer. DATED: February 9, 1999 CMWD 92-406 1 1 /03/97 Re