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HomeMy WebLinkAbout; Aviara Resort Associates Limited Partnership; 1992-0243142; Easement1%. .' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (IDOL 8 ~~~~-~~~~~ 2361 24-&$R--P~P~ 03:5 0 pF:--T 'iI rrri'ipn,: "I r LdLCL ?d--I,UJ *qfjcT-c c;r>i;c cgf:"r:i] y--lQrl h,l.rL: ii L\.iL,i: J,.i, ,<k%LL .;I :: rry ,. * xi- TCT' ; PLEASE RECORD THIS DOCUMENT AT 1 NO FEE AS IT IS TO THE BENEFIT 1 i it3 1 RECORDING REQUESTED BY AND 1 WHEN RECORDED, PLEASE MAIL TO: 1 1 OF THIS DISTRICT (GOV. CODE [6103]) ) Carlsbad Municipal Water District ) Engineering Department 5950 El Camino Real Carlsbad, California 92008 Assessor's P Project Na DOCUMENTARY TRANSFER CARLSBAD MUNICIPAL WATER DISTRICT TAX: None Aletha L. Rautenkranz, Sec: EASEMENT 19 20 21 22 23 24 25 26 27 28 Agency organized in the State of California, its SUCC~SSOI assigns, an easement. Purpose: The easement granted herein shall be g for the following purposes: the construction, operation, r reconstruction and all activities necessary to cons reconstruct, operate, maintain and repair facilities design the general purpose of collecting, storing, transporting, p and treating all water, including surface water, stream flood water and ground water flowing into said facilities, a natural and artificial drainage ditches and structures of an) 1 3/14/9 ! f * ’ 2 3 4 !5 6 7 8 9 10 l1 12 l3 14 15 16 17 18 l9 2o 21 22 23 24 25 26 27 28 0 @ 2062 whether above or below the surface of the ground. Said facility may include pipelines, pumping facil. structures designed to control the flow of water and all faci: and structures associated with said use which are design facilitate the use and protect the facility from natural and forms of damage including, but , erosion cc facilities, fenc s, doors, locking , alarms, 1 and all other p e facilities a - The use also inclu access to and from said fac purpose onstructing, operating, repairing, mainta. inspecting and reconstructing said facility. The uses described herein shall be exclusive t Grantee. Grantor herein agrees that no buildings and/or struc will be erected, walls constructed, fences built nor trees pll nor may the easement be used by the Grantor or any other per entity, including other utilities, whether public or privatr uses whether compatible or incompatible with the uses desr herein without the express written approval of the Grantee. /// /// /// /// /// /// /// /// /// /// 2 3/14/9 t 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 2863 LOCATION OF THE EASEMENT: The easement granted herein shall be located withii upon the properties more particularly described in Exhibit IrA1 Exhibit I1Bl1 attached hereto and by this reference made a hereof. Executed by the GRANTOR tl By: (sign here) (title of signator By: (sign here) (title of signator APPROVED AS TO FORM: RO;;LA&m; 9, G NERAL COUNSEL 44 G-7 2 ' /1 L- By: (Notarial acknowledgment of execution by GRANTOR must be attac CMWD 89-509 3 3/14/9: 0 0 2 264 AvfARA RESORT ASSOCIATES LIMITED PARTNERSHIP, a California Limited Partnership By: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, its General Partner By: Aviara Land Company, a Delaware corporation, General Partner ++I> * @4’&;-2 John K. Alstrom Assistant Secretary BY By: !) ,LJf )i /yp- Ted L. Hoover Vice President/Assistant Secretary By: Republic Development Company, a California corporation, General Partner + L4/>pP~’&~,< i I_ BY: 2 John K. Alstrom Vice President By: 3 d- /L, (p7-W-l Ted L Hoover Vice President/Assistant Secretary By: TAT AVLARA, LTD., a California %J(js 0 e CORPORATION AS PARTNER OF A PARTNERSHIP, WHICH IS A PARTNER OF A PARTNERSHIP, WHICH IS A PARTNER OF A PARTNERSHIP STATE OF CALIFORNIA 1 ) ss. County of 7Y-h~ be ) On Ma+ 3\ , 199% before me, the undersign Notary Public in and for said State, personally appea personally known to me (or proved to me on the basi satisfactory evidence) to be the person(s) who executed within instrument as dLG President and ,/k%hc*-i- the corporation therein named, and acknowledged to me that corporation executed the within instrument pursuant to by-laws or a resolution of its board of directors, said c oration being known to me to be one of the general partner /l-XlWWD hm5 L-M\-ngo t2w-73 LZ~, said partner being known to me to be one of the partners of ALPRpr m r- / CMtW2 @i4L,?JLge-slf the partnership executed the within instrument and acknowledged to that corporation executed the same as such partner and that partner executed the same. =- t- bo \1 Let?-- and &&rJ L. & Wd Secretary, on behalf of MtRLA L.f+wD CcWtPwq WITNESS my hand and official seal. \ 0 0 2366 E CORPORATION AS PARTNER OF A PARTNERSHIP, WHICH IS A PARTNER OF A PARTNERSHIP, WHICH IS A PARTNER OF A PARTNERSHIP STATE OF CALIFORNIA) COUNTYOFORANGE ) ) ss. 194 2, before e, the undersigned, a Notary Pul in and for said State, personally appeared personally known to me (or proved to me on the bi of satisfacto evidence) to be the person(s) who executed the within instnunent REPUBLIC DEVELOPMENT COMPANY, the corporatibn therein named, 5 acknowledged to me that said corporation executed the within instrument pursuant to its laws or a resolution of its board of directors, said corporation being known to me to be of the general partners of AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, ! partnership being known to me to be one of the partners of AVIARA RES0 ASSOCIATES LIMITED PARTNERSHIP the partnership that executed the w? instrument and acknowledged to me that such corporation executed the same as s partner and that such partner executed the same. &t.mw , : El-Y On v~k3t 9- q.?o t*t-\icxl& JUaPhowr and . \Ir 6 C?(&& OL4M WITNESS my hand and official seal. - 1 -Nota& Public \ 0 0 2.267 CORPORATION AS PARTNER OF A PARTIERSHIP, STATE OF HAWAII 1 ) ss. CITY AND COUNTY OF HONOLULU ) .7 On /& *A ?fbI A, 19 - p, before me the undersigned, a Notary Put: ,a personally known to me (or proved to me on the ba of satisfactory evidence) to be the person(s) who executed the within instrument 0 *. c - .-: ---../ -“, ;;Lit and - on beh AVIARA RESORT ASSOCIATES LIMlTED PARTNERSHIP the partnership t of TAT AVIARA, LTD., the corporation that executed the within instrument on behalf executed the within instrument and acknowledged to me that such corporation executed same as such partner and that such partnership executed the same. in and for said State, personally appeared &/;E;,.gx; jJ>>fAS >%it cc fl ’ k WITN;c,SS my hand and official seal. 0 Jfl c i /,4- LC/ /&zpLh Notary pblic i&cy)tm’55;m &+reg : +q@?f 9 2068 0 0 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated 3/3(/?2 , from AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP, a California Limited Partnership to the Carlsbad Municipal Water District, Carlsbad, California, a Municipal Water Districl Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behal of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to au thorit conferred by Resolution No. 77-3 of the Carlsbad Municipal Water District adopter on 1/23 rT 7 199% and the grantee consents to recordation therec by it’s duly authorized officer. IL, 1992 V DATED: k 1 P&J . iP&A ALETHA L. RAUTENKRANZ, Secrkta CMWD 89-509 2069 a 0 Sheet 1 of 6 Sheets EXHIBIT 'A' 10/24/1991(DA) 300,16;SV 1027719 A.P.N. 215-612-01 LEGAL DESCRIPTION WATER EASEMENT BEING THAT PORTION OF LOT 87 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I - UNIT "B", ACCORDING TO MAP THEREOF NO. 12410, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989 AS FILE NO. 89-345851, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A 15.00 FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT IN THE EASTERLY LINE OF SAID LOT 87 DEFINED AS THE NORTHERLY TERMINUS OF THE COURSE BEARING NORTH 47°47'471? WEST, 74.00 FEET; THENCE LEAVING SAIC EASTERLY LINE NORTH 82'36'44" WEST, 137.69 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 78O57'1l1' WEST, 65.00 FEET; THENCE SOUTH 11°02r4911 EAST, 38.64 FEET; THENCE SOUTH 56'02'49" EAST, 23.33 FEET; THENCE SOUTH 11°02'49'' EAST, 30.74 FEET; THENCE NORTH 78'57'11" EAST, 5.00 FEET; THENCI SOUTH 11°02/4911 EAST, 20.00 FEET; THENCE SOUTH 78'57'11' WEST, 5.00 FEET; THENCE SOUTH 11°02/4911 EAST, 73.04 FEET TC THE BEGINNING OF A TANGENT 130.00 FOOT RADIUS CURVE CONCAVI TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAIT CURVE THROUGH A CENTRAL ANGLE OF 28O43'22" A DISTANCE 0: 65.17 FEET; THENCE SOUTH 39046'111f EAST, 26.38 FEET TO TH; BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE CONCAVE T( THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SA11 CURVE THROUGH A CENTRAL ANGLE OF 02°13'56" A DISTANCE OF 5.8d FEET; THENCE NORTH 54°10t5411 EAST, 8.73 FEET; THENCE SOUT 35°49'06f1 EAST, 9.00 FEET; THENCE SOUTH 54°10'5411 WEST, 8.7 FEET TO THE BEGINNING OF A NON-TANGENT 150.00 FOOT RADIU CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID POIN BEARS NORTH 55°54r03ff EAST; THENCE SOUTHEASTERLY ALONG TH ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14'44'40" DISTANCE OF 38.60 FEET; THENCE SOUTH 19O21'17" EAST, 63.2 FEET TO THE BEGINNING OF A TANGENT 80.00 FOOT RADIUS CmF CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE AI; OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14"03'29" A DISTWC OF 19.63 FEET, TO THE BEGINNING OF A COMPOUND 28.00 FOG C.M.W.D. 89-509 0 0 2370 Sheet 2 of 6 Sheets EXHIBIT 'A' RADIUS CURVE CONCAVE TO THE NORTHEAST, A RADIAL LINE TO SAIr POINT BEARS SOUTH 56°35'1411 WEST; THENCE SOUTHEASTERLY ALONC THE ARC OF SAID CURVE THROUGH A CENTML ANGLE OF 28O22'32" I DISTANCE OF 13.87 FEET; THENCE SOUTH 50°25f2011 WEST, 32.31 FEET; THENCE NORTH 39O34,4Ot1 WEST, 10.00 FEET; THENCE NORTI 50°25'20" EAST, 15.13 FEET TO THE BEGINNING OF A NON-TANGEN' 95-00 FOOT FL3DIUS CURVE CONCAVE TO THE NORTHEAST, A RADIAl LINE TO SAID POINT BEARS SOUTH 53026'2111 WEST; THENCI NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRA1 ANGLE OF 17°12f2211 A DISTANCE OF 28.53 FEET; THENCE NORT 19°21'17" WEST, 63.24 FEET TO THE BEGINNING OF A TANGEN 135.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENC NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRA ANGLE OF 20°24'54ff A DISTANCE OF 48.10 FEET; THENCE NORT 39'46'11" WEST, 26.38 FEET TO THE BEGINNING OF A TANGEN 145.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENC NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRA ANGLE OF 28O43,22I1 A DISTANCE OF 72.69 FEET; THENCE NORT 11°02f49f1 WEST, 75.04 FEET; THENCE SOUTH 78°57f11" WEST 15.00 FEET; THENCE NORTH 11°02f4911 WEST, 20.00 FEET; THENC NORTH 78057'111' EAST, 15.00 FEET; THENCE NORTH 11°02'4,0 WEST, 22.52 FEET; THENCE NORTH 56°02f4911 WEST, 23.33 FEE7 THENCE NORTH 11°02f4911 WEST, 17.47 FEET; THENCE SOU7 78°57f11" WEST, 40.19 FEET TO THE BEGINNING OF A TANGEI 82.50 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE WESTER1 ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE C 38'33'21" A DISTANCE OF 55.52 FEET, TO THE BEGINNING OF REVERSE 52.50 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, RADIAL LINE TO SAID POINT BEARS NORTH 27°3Cf32f1 EAST; THEN( WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGj OF 64°20f1611 A DISTANCE OF 58-95 FEET; THENCE SOUTH 53°10f1( WEST, 45.12 FEET TO A POINT ON THE EASTERLY LINE OF TI PROPOSED GENERAL UTILITY AND ACCESS EASEMENT KNOWN AS BL' HERON PLACE (PRIVATE), SAID POINT ALSO BEING THE BEGINNING A NON-TANGENT 235.00 FOOT RADIUS CURVE CONCAVE TO T SOUTHWEST, A RADIAL LINE TO SAID POINT BEARS NORTH 55'00'0 EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CUR THROUGH A CENTRAL ANGLE OF 02O23'25" A DISTANCE OF 9.80 FEE THENCE NORTH 37°23f2511 WEST, 5.20 FEET; THENCE LEAVING SI! PROPOSED GENERAL UTILITY AND ACCESS EASEMENT KNOWN AS BI HEREON PLACE (PRIVATE) NORTH 53°10f16t1 EAST, 45.06 FEET THE BEGINNING OF A TANGENT 67.50 FOOT RADIUS CURVE CONCAVE THE SOUTH; THENCE EASTERLY ALONG THE ARC OF SAID CUR THROUGH A CENTRAL ANGLE OF 64020f16" A DISTANCE OF 75. FEET, TO THE BEGINNING OF A REVERSE 67.50 FOOT RADIUS CUI C.M.W.D. 89-509 23 7 0 0 Sheet 3 of 6 Sheets EXHIBIT 'A' CONCAVE TO THE NORTH, A RADIAL LINE TO SAID POINT BEARS SO1 27°30r3211 WEST; THENCE EASTERLY ALONG THE ARC OF SAID CUI THROUGH A CENTRAL ANGLE OF 38'33' 21" A DISTANCE OF 45 FEET; THENCE NORTH 78O57'1itf EAST, 40.19 FEET; THENCE NO1 11°02'4991 WEST, 68.27 FEET; THENCE NORTH 41°32'4911 WE: 109.33 FEET TO THE BEGINNING OF A NON-TANGENT 355.00 F( RADIUS CURVE CONCAVE TO THE WEST, A RADIAL LINE TO SAID PO: BEARS SOUTH 83'41'57" EAST; THENCE NORTHERLY ALONG THE ARC SAID CURVE THROUGH A CENTRAL ANGLE OF 12O46'14" A DISTANCE 79.13 FEET; THENCE NORTH 06°28f11tt WEST, 41.27 FEET TO : BEGINNING OF A TANGENT 365.00 FOOT RADIUS CURVE CONCAVE THE EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CUE THROUGH A CENTRAL ANGLE OF 00°47'06f1 A DISTANCE OF 5.00 FEI THENCE NORTH 83°31/4911 EAST, 24.97 FEET; THENCE Sot 06°28'11t1 EAST, 20.00 FEET; THENCE SOUTH 83'31'49" WE5 10.00 FEET; THENCE SOUTH 06°28'1111 EAST, 26.27 FEET TO 1 BEGINNING OF A TANGENT 370.00 FOOT RADIUS CURVE CONCAVE THE WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CUF THROUGH A CENTRAL ANGLE OF 11O25'26" A DISTANCE OF 73. FEET; THENCE SOUTH 84°16r1711 EAST, 10.00 FEET; THENCE SO1 05'43'43" WEST, 11.20 FEET; THENCE SOUTH 41'32'49" EAS 93.26 FEET; THENCE SOUTH 11°0214911 EAST, 49.98 FEET; THE? NORTH 78°57r1111 EAST, 49.00 FEET; THENCE NORTH 11O02'4 WEST, 12.00 FEET; THENCE NORTH 78O57'11" EAST, 16.00 FEI THENCE SOUTH 11O02'49" EAST, 22.00 FEET TO THE TRUE POINT BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 15E SQUARE FEET OR 0.358 ACRES OF LAND MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN DALE A. DAVIS L.S. 5894 LICENSE EXPIRATION DATE: 12-31-92 C.M.W.D. 89-509 ' , A. SCALE: 1 "=100 ' r-~r~n f 4 7 LITPnRf ,. ., I 8, . EXHIBIT "B If 4 SCALE: I "=40 a m a= 4 0 UIrnHT JC3ZO-l Cc 1x4 m F----( on. 6.M.W.Q B4-m PROJECT NO. EXHIBIT PROJECT NAME: 6 WA TER EASEMENT DEDICA TION f300 2 27 WTRDSZ 6/22/90 Ji# 20277.00 ,- .. . ,I EXHIBIT "B" @ .. * j 63 SHEET 6 OF 6 SHEETS SCALE: 1 "=40 ' * DATA TABLE ' NO. BRG/DEL TA RADIUS LENGTH Li N.39°46'il"W 26.38' 14 N 54" 10'54"E 15.13 15 NB0&5' 20"E CI 02'13'56" I5O.a' 5." C2 17" 12' 22" 95.00' 20.53' L2 NS' 10'F"E 6.73' L 3 N 35"49 06"M/ 9.W 0.73) !/--- N70'38 '43 "E(Rl ___- I / I\' \/ CITY OF CARLSBAD TRACT 85-35 PHASE I - UNIT "6" MAP NO. 12410 /A /\ G.M.W.D. 89-!%l PROJECT NO. EXHIBIT PROJECT NAME : B HA TER EASEMENT DEDICA TION ' r?nn I I 7 wTam7 6/22/,90 J# .10277.00 .... - I I -.__ < PROPOSE 0 r WATER EASEMENT DEDICATION