HomeMy WebLinkAboutCMWD 92-406; RANCHO CARLSBAD OWNERS ASSOCIATION; 1999-0095130; EasementI
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-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 +
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EXEMPT
Please record this document at no fee
as it is to the benefit of the City/District
(Gov. Code [6103]).
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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
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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
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$?- 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.
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. .'" 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:
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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
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* 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
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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
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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
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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