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Home My WebLink About; County of San Diego; 2023-0000410: EasementRECORDING REQUESTED BY: Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, California 92008 WITH A COPY TO: MS A-45 MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. code [6103).) The undersigned grantor(s) declares(s): Documentary transfer tax is $0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ) Unincorporated area: (x) City of Carlsbad, and FOR A VALUEABLE CONSIDERATION, receipt of which is hereby acknowledged. DOC# 2023-0000410 111111111111111111111111111111111111111111111111111111111 11111 IIII IIII Jan 03, 2023 09:52 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins: $0 00) PCOR: N/A PAGES 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 213-020-18 --=-=-__;__:._;_.c,._ _____ _ Project ID: _C_T ________ _ Related Project ID: _P'="'-'R--=-----,------ Related Project ID: COUNTY RPN 2022-0003-A Project Name: Carlsbad Metropolitan Water District-Palomar Airport Waterline Realignment GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, the COUNTY OF SAN DIEGO, (Granter), 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 (Grantee), a public water easement. Purpose: the public water 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 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. C:\Users\Mike Flanagan\Documents\Projacts\Cartsbad\Cartsbad Mun Waler Dist\Palomar Alrport\Easement Docs\Deed with County edits\Grant Deed of Easement CMWO Rev 1.doc REV 02/14/22 I The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no build ings 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". Exhibit "B" is attached for clarity only. 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 ai r, using said airspace taking off from, landing at or operating on 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 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 Palomar Airport clear zone approach surface, together with the right to prohibit the future erection of bui ldings 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. C \Users\M1ke Flanagan\Documenls\Pro1ecls\Carlsbad\Carlsbad Mun Water D,st\Palomar Airport\Easement Docs\Deed wllh County ed1ts\Gran1 Deed of Easement CMWD Rev I.doc REV 02/14/21 2 2022-0003-A GRANTOR: COUNTY SAN DIEGO Dated this -~(_G_~ ___ day of __ f'f\------"ll,---""'--\/L---"--h""""" _______ , 20 ~ J.. COUNTY OF SAN DIEGO, a pol"tical subdivision of the St te of California K ISTA ELLIS, Chief, Real Estate, For: MARKO MEDVED, P.E,, CEM, Director Department of General Services A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } SS COUNTY OF SAN DIEGO On /'{)All<, tJ //'~ 7,07 l, before mel/J:,~5 ;J: /{)t t,k, Deputy County Clerk in ____ and for said County and State, personally appeared 1 K/?J51i9, Gll I$" who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. €« N cs -r 'T. v fc,oµ €/J fsvll? /Sr'<. · £f_c-o(l..P~a_ I c-ov;/(t luftl(. e71fi;t~~ £}6Pv1'r t.AJJJTY t~c/Z}C APN 213-020-18 Exhibit A Legal Description That land granted to the Carlsbad Municipal Water District by the County of San Diego described as Parcels 1 , 2 and 3 in a Grant Deed of Easement recorded April 3, 1970 at File/Page No. 58580 in the Office of the County Recorder of San Diego County, State of California. Excepting therefrom the southwesterly 400 feet of said Parcel 3 Said Portion contains 18681 square feet, or 0.429 acres, more or less. Shown on Exhibit "B" attached hereto. This real property description has been prepared by me, or under my direction in conformance with the professional land surveyor's act. 12/7/2021 Gary C. Rush Date 'z~ .....,. .....,. q q <JI .....,. \'-J_ CP_ .....,. <JI --l .....,. ~~ SCALE: 1" = 100' 0 50 100 IEC an Ardurra Company 14271 Danielson Street Poway, Coliforn,o 92064 EXHIBIT B // // // / ,,,,,,,, NG ~ / ,;;>_ __ POINT OF BEGIN NI I I I I I I I I I I I I I I I I I I \, \1 • ' ' ' ? ----------::-------- D --~ 0 COSTA REAL WATE~ MENT GRANTED ro CARci"G~~ OF SAN /:I\ EASEMENT GRAN;Ego3NTY OF SAN o,~o , MUNICIPAL RECORDED JULY 21, .-;:_,-\-:\ DEED RECOR / DIEGO IN DEEO (.-.\ 82-D2D11D , / 2D11-0371D78 i}\ / ,/ \ j PROPOSED /:\; ~ PARCEL 3 OF 1 O' WIDE EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT BY THE COUNTY OF SAN DIEGO IN DEED RECORDED APRIL 3, 1970 IN BOOK 1970 AS FILE/PAGE 58580 r~l(O)i~~ ~~~r(O)[Rnr i~$~0 $~~\YJ~Y( fffi'U 4} APN 213-020-18 ~SEMENT --SEE <)? j l . ETAIL SHEET 2 \'--... ,/./ I_+\ -z: D \,~ \···· -> x .... / l:t\ 0 /..:·:•::;; \:·f\ _: /::·:-j r--:j a:>_ /:::;,-;::\\ ~ /.::·:/) l.J.\ ~ ,/::::/ v--1 z ...... . (\:\ ~ (.(:>/ \:: ·., --.l /.·:·::/ ::\·. ·01 /:. ·:/ tn 01_ /..-:·:·::;,, ~:\~ /.::::::•;; \:·f>v.·:::.;/ ~<::::::-7 \V \ ~ Q;-0 ~ / / TIE LINE .. \ R ~ o«:-/ .<m.-.~ ~«? ~ 1-----PROPERTY LINE ~□(0)0$0 '] !®®® POINT OF COMMENCEMENT 525.64' ~ o· 'T 2600.0 \ N?9"4\'0~. ROS 54931 (N79"07 43 t. ~□(Qt$□ ®4}®~ \ ~ "~ 0 ~~1/ q_~ =-~ / / / T 858.41.3 2~00 F 858 4 LS.2440 www :ecorporo\ion.com / SHEET 1 OF 2 \ ~ v. ~'di. EXHIBIT B PLAT SOU THWEST CORNER EASEMENT %~f TO CARLSBAD MUNICIPAL WATER ~ \ e,')~ DISTRICT 201 1-0371078 ~::::((:i Point of Beginning Ol\_: .... :\ (>:.:,_.·.-.·. Easement Line Data Table Line Bearing/~ Length Radius L1 S10°18'47"E 16.53 L2 S54°30'48"E 15.76 L3 S54°40'14"E 30.43 C1 4°50'32" 43.06 509.53 L4 N53°56'08"E 18.64 LS S36"06'58"E 20.00 L6 S53°56'08"W 18.66 C2 4°50'32" 41.37 489.53 L7 N54°30'48"W 15.66 L8 N10°18'47"W 16.68 C3 3°28'32" 21.53 355.00 IEC SCALE: 1" = 60' an Ardurra Company 14?71 Cornelson Slreet Pow~y. Culifo1111u 92064 T 858413 ?400 F 858.4 1.,.7440 1•11•.w iecorporol1or com 0 30 60 \. _. .-.-\ , . .-.-.-.\ MOST WESTERLY CORNER COSTA REAL WATER DISTRICT EASEM ENT 82-020110 ,-:-:-:-:, ,.-.-.-. \ r_._._., c-:-:-i \ .-.-.-.\ \ .... , ·-:-:·\--20' ---\::::::\ DETAIL "~A<.s \::::::\~ PROPOSED EASEMENT >.'<()~ ~---\. /····-✓ l·.-.-.-.,~ ✓..-.-.-.-./_,., . . . / .... '/ e,v \ ··\N \ ·····;r ·.· ... ~-/. .... . r ... \....; / ..... / , .... ,., ·····7 z .... . ..... g \::.-.\v" ' ,._._._._._.,, . \ ... ·\N b. ,;'--.... ~ ~ ... ~ <o .... ·/ ~_\::::yi_ t~(:::~// 20' ~ \ ._._._.\ ;<v✓.-_._._._. -/")") \ ..•• \ ~ b< /-..... /C?Jry· . . . . .()J/ .... ·/ '\; ~ \:::.\ !>.~/-_._._._._.-?<v ~ ,._._._., ~,,,,_-_._._._. ·.(b.b. N ,. . . . \ /· . . . . . Zn --.J_ • . • • /' ••.. ·/, .\) \.' .-_. .-, /· _. .-.-.-./ ~b.C?J ._._._. /. _._._._._1/ \ .... \ /· .... -/ \'.'.'.'\ /· _._._._../ \._._._._\._ /.'.'.'.'.' / . . . /· .... .'/ ~--------~.f /.'.'.'.'.'./ 4'-=: -..._-.-.-.-.-.v ·.-.-.-1/·/ 1~~--.~/::::; ✓- '1.,3.9~ 't ~ SHEET 2 of 2 , l. ;-• CERTIFICATION FOR ACCEPTANCE OF DEED OF PUBLIC WATER EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Public Water Easement dated October 18, 2022, from the County of San Diego, 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 Executive Manager of the Carlsbad Municipal Water District, California, pursuant to Resolution No. 996, adopted on September 9, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: November 14, 2022 KAYLIN MCCAULEY, Deputy Secretary (Seal)