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Home My WebLink About; Carlsbad Ranch Company, LP; 1998-0735569; Easement' 1 * CARkSBAD RANCH COMPANY, RECORDING REQUESTED BY . L.P. . AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 ,I MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee O'Jjfias it is to the benefit of the District (Gov. Code [6103].) I IC IJ ' 1988-0735569 DQC # 1998-0735569 FEES: 0.00 E: HA Space above this line for Recorder's use. The undersigned grantor(s) deciare@): Documentary transfer tax is $o.oO Assessor's Parcel No. 211-022-12 Project No. 8, Name 96-509. Carlsbad Ranch Hotel ( ) computed on full value of property conveyed, or 8 Timeshare Resort, Lot 1. Minor Subdivision ( )computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. No. 97-03, Parcel MaD No. 17877 I CARLSBAD MUNICIPAL WATER DISTRICT f,@- mq% WILLIAM E. PLUMMER, District Engineer GRANT DEED OF WATER LINE EASEMENT CARLSBAD RANCH COMPANY, L.P., a California limited partnership, as to Parcel C does hereby grant to CARLSBAD MUNICIPAL WATER DISTRACT, a Public Agency organized in the State of California, its successors and assigns, an easement. Purpose: the 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 ail 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 1 10/20/97 Rev. .. 173 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, The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings 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" and Exhibit "B" attached hereto and by this reference made a part hereof. Executed by the Grantor this(q?ay of w, 19a. GRANTOR CARLSBAD RANCH COMPANY, L.P., a California limited partnership as to Parcel C By: Carltas Company, a California limited partnership, Its: General Partner By: Carltas Management, a California (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL By: CMWD 96-509 10/20/97 Rev. 2 774 .. STATE OF CALIFORNIA 1 personally appeared @ttRlsm%z. @ ouds - - - NAME(S) OF SIGNER(S) personally known to me - mnrnvPrl to me on the to be the personw whose namw &subscribed to the within instrument and acknowledged to me that-y executed the same in&#?&hmr authorized capacity@+, and that by 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. n (This area for official notary seal.) Title or Type of Document &?.fbd7- OF k'muhk- Hsm? Date of Document mpy 19, mw No. of Pages am&/n Signer(s) other than named above Jme J/)mU/ CMWD 96-509 06/14/95 Rev. AUGUST 1, 1997 REVISED: SEPTEMBER 25, 1997 REVISED: DECEMBER 5, 1997 REVISED: MARCH 30, 1998 J.N.: 95-1020 CMWD NO. 96-509 175 EXHIBIT A - LEGAL DESCRIPTION THAT PORTION OF LOT 1 OF CARLSBAD MINOR SUBDIVISION NO. 97-03, ACCORDING TO PARCEL MAE' THEREOF NO. 17877, FILED IN THE OFFICE OF THE COUNTY RECORDER, JULY 7, 1997 AS FILE NO. 1997-0319148, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1 SAID CORNER IS A POINT ON A 621.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST; THE RADIAL TO SAID CURVE BEARS SOUTH 74'13'31" WEST; SAID POINT BEING ON THE WESTERLY RIGHT OF WAY OF ARMADA DRIVE ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER, SEPTEMBER 11, 1996 AS FILE NO. 1996-0463214 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; THENCE NORTHERLY ALONG SAID RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 45'17'50'' AN ARC DISTANCE OF 490.95 FEET TO A POINT, SAID POINT BEING THE FUTURE WESTERLY LOT LINE OF LOT 1; THENCE SOUTH 17'59'30'' WEST ALONG SAID FUTURE WESTERLY LOT LINE 79.81 FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 72"00'30" EAST 2.50 FEET; THENCE SOUTH 17'59'30'' WEST 2.50 FEET; THENCE SOUTH 72°00'30" EAST 94.12 FEET TO THE BEGINNING OF A TANGENT 66.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST; THE RADIAL POINT TO SAID CURVE BEARS SOUTH 17'59'30'' WEST; THENCE CONTINUING EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26"32'35", AN ARC DISTANCE OF 30.58 FEET, THENCE LEAVING SAID CURVE SOUTH 45'27'55" EAST 6.57 FEET TO THE PAGE 1 OF 3 BEGINNING OF A TANGENT 66.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST; THE RADIAL TO SAID CURVE BEARS SOUTH 44'32'05" WEST; THENCE CONTINUING SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63'27'25", AN ARC DISTANCE OF 73.10 FEET, THENCE LEAVING SAID CURVE SOUTH 17'59'30'' WEST 41.77 FEET TO THE BEGINNING OF A TANGENT 46.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST; THE RADIAL TO SAID CURVE BEARS SOUTH 72°00'30" EAST; THENCE CONTINUING SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28'36'38", AN ARC DISTANCE OF 22.97 FEET, THENCE LEAVING SAID CURVE SOUTH 10'37' 08" EAST 1.72 FEET TO THE BEGINNING OF A TANGENT 66.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST; THE RADIAL TO SAID CURVE BEARS SOUTH 79'22'52" WEST; THENCE CONTINUING SOUTHERLY ALONG SAID C'URVE THROUGH A CENTRAL ANGLE OF 28'36'38", AN ARC DISTANCE OF 32.96 FEET, THENCE LEAVING SAID CURVE SOUTH 17'59'30'' WEST 8.91 FEET; THENCE SOUTH 72°00'30" EAST 33.00 FEET; THENCE SOUTH 17'59'30'' WEST 20.00 FEET; THENCE NORTH 72°00'30'' WEST 33.00 FEET; THENCE SOUTH 17'59'30'' WEST 20.74 FEET; THENCE NORTH 72'00'30'' WEST 154.50 FEET; THENCE NORTH 17'59'30" EAST 12.90 FEET; THENCE NORTH 72'00'30'' WEST 17.57 FEET; THENCE NORTH 17'59'30'' EAST 20.00 FEET; THENCE SOUTH 72°00'30" EAST 17.57 FEET; THENCE NORTH 17'59'30'' EAST 81.69 FEET; THENCE NORTH 72'00'30'' WEST 28.50 FEET TO A POINT ON SAID FUTURE WESTERLY LOT LINE OF LOT 1; THENCE NORTH 17'59'30'' EAST ALONG SAID FUTURE WESTERLY LOT LINE 20.00 FEET; THENCE SOUTH 72'00'30'' EAST 48.50 FEET; THENCE SOUTH 17'59'30'' WEST 112.09 FEET; THENCE SOUTH 72"00'30" EAST 2.50 FEET; THENCE SOUTH 17'59'30'' WEST 2.50 FEET; THENCE SOUTH 72'00' 30" EAST 109.50 FEET; THENCE NORTH 17'59'30'' EAST 2.50 FEET; THENCE SOUTH 72°00'30" EAST 2.50 FEET; THENCE NORTH 17'59'30'' EAST 27.15 FEET PAGE 2 OF 3 .. 77'1 . TO THE BEGINNING OF A TANGENT 46.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST; THE PADIAL TO SAID CURVE BEARS NORTH 72'00'30'' WEST; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28'36'38", AN ARC DISTANCE OF 22.97 FEET; THENCE LEAVING SAID CURVE NORTH 10'37'08'' WEST 1.72 FEET TO THE BEGINNING OF A TANGENT 66.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST; THE RADIAL TO SAID CURVE BEARS NORTH 79'22'52'' EAST; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28'36'38", AN ARC DISTANCE OF 32.96 FEET; THENCE LEAVING SAID CURVE NORTH 17°59'30" EAST 41.77 FEET TO THE BEGINNING OF A TANGENT 46.00 FOOT RADIUS CURVE, CONCAVE TO THE WEST; THE RADIAL TO SAID CURVE BEARS NORTH 72°00'30" WEST; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 56°51'00", AN ARC DISTANCE OF 45.64 FEET; THENCE DEPARTING FROM SAID CURVE SOUTH 44'32'05" WEST 16.91 FEET; THENCE NORTH 45'27'55" WEST 20.00 FEET; THENCE NORTH 44'32'05" EAST 16.49 FEET TO THE BEGINNING OF A NON-TANGENT 46.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST; THE RADIAL TO SAID CURVE BEARS SOUTH 34'20'39'' WEST; THENCE CONTINUING WESTERLY ALONG SAID CURVE THROUGH A CENTPAL ANGLE OF 16°21r09", AN ARC DISTANCE OF 13.13 FFET; THENCE LEAVING SAID CURVE NORTH 72°00'30" WEST 96.62 FEET TO A POINT ON SAID FUTURE WESTERLY LOT LINE OF LOT 1; THENCE NORTH 17'59'30" EAST ALONG SAID FUTURE WESTERLY LOT LINE 22.50 FEET TO THE TRUE POINT OF BEGINNING. AREA = 13,728 SQ. FT. = 0.32 ACRES F:\MSOFFICE\WINWORD\95-102O\WTRLOT1. LGL PAGE 3 OF 3 L 91997 O'Doy Consultants, Inc. " 7220 ~%~~~;ms CM ~~;nnring RN. RN. RN. U/X/98 9/25/97 12/4/97 1. 101 uatinp Carkmd. colirmo 92W9 Pra..incl 7W-931-77W Su~mP WATER EASEMENT F..:7"931-W <€QUESTED BY: PREPARED BY: CIM OF CARLSBAD 2075 LAS PALMAS DRNE h?d1$'98 CARLSBAD. CA. 92009 GEORg O'DAY /' C.M.W.D. 9- PHONE: (760) 438- 1 16 1 R.C.E. 32014 EXP. 12/31/00 EXHlBK "A' MP. 12/31/00 1 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated MR'f \$ , 1998, from CARLSBAD RANCH COMPANY. a California limited partnershio to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 191 1, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authorized officer. DATED: OCTO ACR aa. 1498 CMWD 96-509 h&.R. h ALETHA L. RAU~ENKRANZ, Secretary m i 44" 11/03/97 Rev.